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District Attorney will not file charges related to the Congressional District 5 race

4th Judicial District Attorney
Posted at 3:30 PM, May 31, 2024

COLORADO — The 4th Judicial District Attorney's Office says it will not file any charges related to a complaint filed against El Paso County Party Chair Vickie Tonkins and State Republican Party Chair and Congressional District 5 candidate Dave Williams.

According to the District Attorney's Office, an affidavit submitted on March 18, alleged, " Dave Williams and Vickie Tonkins violated Colorado CRS 1-13-301 by using their positions as party chairs to withhold the list of delegates from… candidates for Congressional District 5, while providing access to Dave Williams."

The office states that they did not gather "sufficient" evidence to support the claim and that no charges will be filed. The office focused on two rules to guide their investigation.

Rule 3.1 – Meritorious Claims and Contentions “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.”

Rule 3.8 – Special Responsibilities of a Prosecutor “The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause…”

The DA's office said that during the investigation concerns were raised over Dave Williams "blurring the lines" between being the acting chair of the Colorado Republican Party and running as a candidate for the 5th Congressional District by using party resources in his campaign. The office says that these concerns have been reported to the Federal Election Commission.

Click this link to read the full ruling.

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