Colorado Springs gang violence – How serious is it?

Gang violence in Colorado Springs leads to at least a couple of killings every year. There were three gang-related homicides in both 2014 and 2015. The number of homicides dropped to two in 2016 but rose again to three in 2017. But 2017 also had 15 gang-related attempted murder charges.¹

In 2012, Colorado Springs police counted 1,300 gang members from 97 different gangs in Colorado Springs, particularly in the southwest. As of 2018, the number of known gang members reduced to 700. Some of these gangs include the Crips, the Bloods, the South Side Surenos, and the Nortenos.

According to law enforcement agencies, much of the violence is gang-on-gang. They pose more of a threat to each other than to the general public. Though bystander casualties remain a concern when rival gangs fight, especially during drive-by shootings and crossfires.²

In 2019, the Colorado Springs Police Department (CSPD) recreated its Gang Unit after disbanding it three years earlier. The Gang Unit has four detectives overseen by one sergeant. The Unit serves to provide intel to police officers regarding gang-related criminal activity with the mission of protecting the public from gang problems and promoting public safety.³

What defines a gang in Colorado?

Colorado criminal street gangs are groups of three-plus members whose intention is to commit serious crimes, and they engage in a “pattern of criminal gang activity.” A pattern of criminal gang activity is defined as:

[T]he commission, attempt, conspiracy, or solicitation of two or more predicate criminal acts which are committed on separate occasions or by two or more persons.

These predicate criminal acts include either:

• any conduct defined as racketeering activity in CRS 18-17-103 (5); and/or
  
• retaliation against a witness or crime victim in violation of CRS 18-8-706.⁴

Gangs usually are comprised of high school-aged young men, but they can be older. Typical examples of gang-related criminal conduct include violent crimes such as assault and illegal discharge of a firearm (CRS 18-12-107.5) but also property crimes such as criminal mischief (CRS 18-4-501), vandalism, and defacing property. It is not unusual for members to have to commit a crime as part of a gang initiation.

Depending on the case, alleged gang members face prosecution in federal courts in addition to – or instead of – state courts. This typically occurs when the gangs are allegedly involved in high-level drug trafficking or money laundering. The FBI often gets involved, a U.S. attorney would prosecute, and penalties include time in federal prison.

In Colorado, there is no sentencing enhancement for gang-related crimes.

Are gang crimes punished more severely?

Colorado has no statutory sentencing enhancement for criminal offenses committed in furtherance of gangs. Consequently, gang members and non-gang members alike face identical sentencing ranges for committing the same crimes. But note that a defendant’s gang involvement may come in as evidence during a sentencing hearing if it is connected to the nature of the crime and the defendant’s character.⁵

Is gang recruitment a crime in Colorado?

Colorado law makes it a class 2 misdemeanor to knowingly solicit, invite, recruit, encourage, coerce, or otherwise cause a child under 18 to actively participate in or become a member of a criminal street gang. Penalties are up to 120 days in jail and/or up to $750.

Meanwhile, it is a class 1 misdemeanor to, by use of force, threat, or intimidation directed at any person, or by the infliction of bodily injury upon any person, knowingly prevent a child under 18 from leaving a criminal street gang. Penalties are up to 364 days in jail and/or up to $1,000.

Learn more about recruiting or encouraging people under 18 years old into gang membership (CRS 18-23-102).⁶

It is a Colorado crime to recruit gang members.

Legal References