Mar 3, 2010 10:42 PM by James Jarman

UPDATE: Ethics complaint against DA over marijuana fight in limbo

UPDATE: 4th Judicial District Attorney Dan May has filed a complaint with city code enforcement about a possible zoning violation at Pure Medical, a marijuana disepnsary in the Rockrimmon area where May lives. 

He also says his homeowner's association and several neighbors told him they also filed complaints against the dispensary.

The DA says he made calls to the building landlord and at least 5 city agencies trying to get information on the company and the process for filing a complaint. He says he told everyone he was calling as a citizen and not the district attorney.

"I want to be direct I want to be transparent, I don't want to be doing things behind closed doors," May told NF5.

City Councilman Sean Paige says May can't separate himself from his role as the DA. "It's hard for a person like the DA to be walking around saying, 'Hey I'm just calling as an average citizen,'" Paige told NF5, "Most people know who the DA is and when they get a call from the DA, it can disturb them."

Paige says that's why the landlord of the building where Pure Medical is located called him, because he felt intimidated by May's call, even though May said he was calling as a citizen.

Paige is pursuing filing an ethics complaint against May.  "I'm doing it just because I think he stepped over the line and I think he needs to be called to account for stepping over the line," Paige said.

May says he apologizes if the landlord felt intimidated, but does not think he did anything wrong.  However, he says he's realizing there's a perception that he might have done something wrong.

"I guess if it came up again I'd at least try to think through the process of what's an appropriate way to handle this," May told NF5, "again, I hope I'm not giving up my citizenship by being district attorney, but at the same time it's a reality that I am the district attorney, so it's something I'd at least consider more closely next time."


-------------previous update----------------

UPDATE: Owner of Pure Medical marijuana dispensary, which is at the center of a dispute involving District Attorney Dan May, says he's willing to shut down his Rockrimmon area business.

Through his attorney, Thomas Choi told News First 5, if the people in the neighborhood don't want his medical marijuana dispensary in it's current location, he will move if they raise they will pay his moving expenses.

"If the residents of Rockrimmon would pay for him to move and find a new location he would do it," said Attorney Kevin Donovan.


---------------previous update-------------

Colorado Springs City Councilman tells News First 5 he's still researching the impacts of filing a formal ethics complaint against District Attorney Dan May.

Paige has been an outspoken critic of May's phone call to a building lanlord, in which May asked for information on the owner of a medical marijuana disepnsary that opened up in his neighborhood.

May says he was requesting information as a private citizen, not as district attorney.

Paige has made clear he thinks May's actions teter on the brink of abuse of power, and at the very least appear to be an ethical violation.

Paige says he's been trying to get feedback from all sides on the issue.  He's researching the process for filing an ethics complaint, but says he may not file a complaint if he feels he's made his point.  He has also posted his view on the issue on his blog.

News First 5 will be interviewing Paige, May and the attorney for the marijuana dispensary involved.  We will have much more later on and a full report on News First 5 at 10 tonight.



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