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May 10, 2013 7:00 PM by Andy Koen

Accused officer will keep pension

COLORADO SPRINGS - A Colorado Springs police sergeant charged with filling out phony time sheets will get to keep his pension. The district attorney filed charges of theft and forgery against Sergeant James Butierres yesterday.

Just before making a court appearance, Butierres filed his retirement paperwork.

Dan Slack, CEO of the Fire and Police Pension Association of Colorado tells News 5 Butierres is entitled to his pension with one exception.

"When a judge orders restitution when there's been an embezzlement, a misappropriation or a wrongful conversion of public property and in that case the individual's property can be garnished or levied," Slack said.

Butierres served for 30 years with the Colorado Springs Police Department.

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