Within 15 minutes of being sentenced to a 10-year prison term Thursday, Mark Dunn was handcuffed inside the back of a Cortez Police Department squad car.
Chief District Court Judge Doug Walker delivered the penalty at approximately 5 p.m. Thursday, telling Dunn, 47, that he was a “menace to society” and “needed to be locked away.”
“Mr. Dunn needs to be sequestered from society for as long as possible,” he said following the hour-and-a-half sentencing hearing.
Dunn was ordered to serve four years for felony menacing and six years for possession of a firearm by a previous offender — second offense. The sentences will run consecutively for a full 10 years.
The charges stem from an Oct. 1, 2012, attack on the defendant’s brother, Todd Dunn, who attended the sentencing hearing but did not address the court. Todd Dunn also declined to comment following the proceedings as he watched his brother being led out of the courthouse.
The evidence-based hearing before Judge Walker included sworn testimony from a defense counsel crime scene expert, Roger Willard. In his investigation, Willard conducted a trajectory analysis of bullet holes found inside the residence where the defendant shot multiple rounds on the day in question. He testified there was no physical evidence contradicting the defendant’s claim that he was acting in self-defense.
Under cross-examination by District Attorney Will Furse, Willard said he couldn’t dispute that the defendant entered the residence without invitation. He also said the 1985 Colorado Make My Day Law entitles homeowners to protect themselves against violent intrusions.
In closing arguments, Furse outlined the defendant’s previous felony convictions, which date back to 1985. Described as a “prolonged criminal history of violence,” prior convictions include battery with a deadly weapon, assault and the stabbing of a prison guard, Furse added.
“This history clearly demonstrates that Mr. Dunn has a propensity for violence,” Furse said.
Prior to his sentence being delivered, Mark Dunn spoke briefly, citing that alcohol had ruined everything he’s tried to achieve in life. He also apologized to his wife, brother and the community.
“In the past nine months, I’ve been able to experience and see the results of my actions, and I don’t like how I feel,” he said. “I feel embarrassed. I feel stupid. I feel ashamed and I feel guilty.”
Several community members spoke on Mark Dunn’s behalf, including one of his victims, Teresa Carlson-Dunn, his wife. She stated that her husband had made a positive impact in the community, volunteering to serve with numerous organizations. She closed, saying the case was riddled with “inadequate investigations, unprofessional actions, predetermined profiling and untruths.”
“At this time, your honor, I’m asking for leniency in this case,” she pleaded.
Facing a life conviction if found guilty at trial, Dunn pled guilty last month to one count of felony menacing, a class five felony, and a second count of possession of a weapon by a previous offender second offense, a class four felony.
The charges stem from two separate shooting incidences, one at the defendant’s home involving his wife, and the other at Todd Dunn’s home, where at least four rounds were fired from a .38 caliber handgun.
Mark Dunn was initially charged with aggravated robbery, criminal mischief, two counts of felony menacing, being a felon in possession of a firearm, third-degree assault, theft, prohibited use of a firearm, two counts of reckless endangerment and domestic violence. The other charges were dropped as a result of the plea deal.
tbaker@cortezjournal.com
