ALAMOSA — Seventeen-year-old Daniel Brandt was sentenced to spend 40 years in prison with five years mandatory parole. Judge Crista Newmyer-Olsen handed down the sentence on Friday, July 26. He was tried as an adult and convicted on charges of attempted murder and assault in May.
Following an incident on Oct. 27, 2022, Brandt – who was 15 years old at the time – shot Alamosa Police Department Officer Mollee Heeney and resident Ricardo Rangel, causing significant, serious and potentially permanent injury to both.
After the May 15, jury deliberation that lasted three hours, Brandt was found guilty on two counts of criminal attempt to commit murder in the first degree (second degree felony) for the shooting of Rangel and Alamosa Police Officer Mollee Heeney plus three counts of first degree assault (third degree felony) – one count for assault on a peace officer, one count for assault of Heeney and one count for assault of Rangel.
The sentencing hearing began with statements from the two victims, both of whom attended via Webex and had asked District Attorney Anne Kelly to read them aloud.
Rangel wrote about the losses he experienced from being shot.
“I can’t sit through a movie with loud noises,” he wrote, or “sleep all the way through the night” or tie his shoes. “Every day has been affected and will be affected for the rest of my life.”
Heeney wrote about the length of her rehabilitation, the temporary loss of her independence, how hard she had been working to regain the strength and endurance that she had worked to achieve prior to being shot. She also spoke about the PTSD she has from the shooting and the fear her family experiences every day that she might be shot again.
Former APD Chief Ken Anderson addressed the court, saying he was there to “be the voice of the community”, describing it as a “sad, sad day to see a teenager who is capable of committing such a violent act.” After explaining the impact of the shooting on APD officers and the community, Anderson advocated for Brandt to be incarcerated for as long as possible.
“You need God, son,” he said after concluding his statement.
Kelly told the court, “This is a day I’ve been dreading and I’m sure everyone else feels the same. It’s a sad day because we have to challenge ourselves to abandon the hope we have for teenagers ‘to right the ship’.”
The juvenile justice system is set up because most kids can be rehabilitated, she said, but the evidence shows that this individual will not be rehabilitated.
In repeating points she made during Brandt’s trial, Kelly said she recognized the losses and trauma Brandt suffered as a child, but he also had many people and resources to help him, none of which he took advantage of.
Despite the court being told that Brandt was “doing well” in the Pueblo Youth Center (PYC) where he has been held since he was arrested, Kelly said, he has continued to engage in illegal and harmful behavior, such as assaulting a deputy – for which he was charged. Kelly said he also participated in a riot, although no charges were filed.
Kelly then reiterated to the court that, despite still being only 17 years old, “he cannot be rehabilitated” and, for that reason, was asking he be sentenced to the maximum sentence allowed of 96 years for the crimes of attempted murder and assault.
After a lengthy and contentious transfer hearing and an equally contentious trial, a tearful Brandt told the court he recognized his actions impacted the community.
“I did some pretty terrible things,” he said. He then apologized for the harm he had done.
In her ruling, Judge Newmyer-Olsen praised law enforcement for the way the case was handled. She also addressed Brandt, saying she did not think he was someone who is simply evil or without value as a human being. Citing her own child who had some difficulties prior to losing her life, she said, “My heart goes out to you, and I think you are valuable.”
In a statement to the Valley Courier, Kelly said, “This was a tragic case for the San Luis Valley community. I appreciate the hard work and thoughtfulness of Judge Newmyer-Olsen in reaching a fair and just sentence. While the victims in this case may never completely heal from their wounds, both physical and mental, my hope is that this sentence gives them a sense of justice. I pray that our community can continue in the process of healing from this defendant’s senseless and violent acts.”
With credit for the time already served, Brandt may be eligible for parole in about 17 years. He will be in his mid-thirties at that time.
