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Monday, July 13, 2009
Two sentenced for roles in Durgan death
Arlene Shovald
Special to The Mail
Monday, July 13, 2009
Two of three defendants in the July 10, 2008 kidnapping and murder of 37-year-old Salidan James Durgan appeared separately for sentencing in 11th Judicial District Court in Cañon City Friday.
In a plea bargain, Kristin Durgan, 40, wife of James, and Brian Folsom, 30, earlier agreed to testify in the murder and kidnapping trial of a third defendant, Andrew Tanner, 23. That trial will start Aug. 13 in Cañon City.
Judge Julie Marshall sentenced Kristin Durgan to 48 years for second degree murder to be served with the Colorado Department of Corrections, with a mandatory five years of parole.
In addition, Durgan must serve six years in prison for second degree kidnapping with three years of parole to be served consecutive to the first sentence.
Thom LeDoux, 11th Judicial District Attorney, said in general this means three-quarters of the sentence would be served before Durgan is eligible for parole and if paroled, it would be for five years.
The three year parole in the kidnap charge would merge with the five years on the first charge.
This would make Durgan about 76 years old before she is eligible for parole. She received credit for 316 days served.
Marshall sentenced Folsom to 48 years in prison for second degree murder with five years of mandatory parole.
In addition, he must serve six years for second degree kidnapping, with three years of parole. The sentence would make him about 66 years old before he is eligible for parole.
Tanner, Kristin Durgan's boyfriend, is charged with first degree murder after deliberation, first-degree murder during commission of another felony, conspiracy to commit first-degree murder, second-degree kidnapping and conspiracy to commit second-degree kidnapping.
A status conference regarding Tanner's case is scheduled today, LeDoux said.
Ironically, James Durgan was last seen alive one year ago from the sentencing date. The Durgans were in the process of a divorce then.
Investigators said Kristin called her estranged husband to say her car had broken down near Lone Pine Recreation area on U.S. 50 between Salida and Cañon City. Durgan thought he would meet his wife and children, Andrew, then 12, and Beth, then 10. Instead, he met his death.
Kristin Durgan, Tanner and Folsom were arrested Aug. 28.
James Durgan had rented a motel room the night of July 10 in Cañon City and was reported missing by his wife the following day. Kristen said he missed two scheduled appointments.
His body was found in the Arkansas River by kayakers near Parkdale July 19, about 35 miles downriver from where his car was parked.
Appearing with her attorney, Samuel McClure, Kristin Durgan showed no emotion, even when a video portraying the life of her husband was shown to the court. James's family and friends were then allowed to speak.
"The heinous murder of my only son has been the most devastating time of my life," father Larry Durgan said. "I never understood why Kristin took away the life of a family man who loved his children."
"His death haunts me. In the wee hours of the night I re-live the suffering of his last hours. I'm sure his last thoughts when he was tied to that tree were of his children."
James Durgan was tied to a tree by his captors and remained there until Tanner allegedly returned and shot him.
The hands of Larry Durgan trembled as he said, "Sons are meant to bury fathers. Not fathers to bury sons."
Marilyn Smith, with Larry for 10 years, said she didn't understand how Kristin could have so drastically changed her priorities. The children lost both a father and mother.
Marian Godbehere of Phoenix, Ariz., was a neighbor of the Durgans when James was growing up and James and her son were close friends. James' mother died when he was young.
"I watched him grow up and marry," Godbehere said. "Now I watched as justice was served. She (Kristen) could have just taken half his money, but instead she lured him to his death. She was done with him, but what about those of us who were not - his father, his sister and his children who loved and needed him?"
Finally, a tearful Tara Barber, describing herself as Durgan's girlfriend and true soulmate, said, "I will cherish the moments we shared.
"I would like the court to know Jim was loved by his family and mine and by me and just because other individuals were through with him, does not mean the rest of us were."
Asking the court to accept the plea bargain, LeDoux said use of the children to lure Durgan to his demise was particularly bad.
Given the opportunity to speak, Kristin Durgan remained silent and showed no emotion.
"I am unable to understand Mrs. Durgan's lack of reaction," Judge Marshall said.
"I believe she is on medication and possibly she has processed all of this before. She is the mother of his (James's) children and she shows absolutely no reaction.
"I do understand James was a person who mattered. Statements of the victims demonstrate that," Marshall continued.
"It is clear that while he did not have the love and affection of his wife, he had that from others."
Folsom entered the courtroom with his attorney, Sara Christensen.
After he was arrested he told investigators he was aware Tanner planned to kill James Durgan when they allegedly kidnapped him at the recreation area in Big Horn Sheep Canyon.
Durgan was lured there by Kristen who told him she and their children were in her car which had broken down.
Folsom and Tanner allegedly kidnapped Durgan there, taking him to another location and tying or handcuffing him to a tree. Later, Tanner allegedly returned and shot Durgan, disposing the body in the Arkansas River.
Tammy Warren, mother of Tara Barber, tearfully told the court, "Brian (Folsom) doesn't know me just as he did not know Jim. Jim did not just get killed or die. He had his brains blown out."
Tara Barber said, "The last year of my life has been longer than the first 30. He (Folsom) traveled 1,400 miles to Wyoming to look for Jim.
"There are businesses I can't go in today because of the knowledge that they (Folsom and Tanner) were there.
"The gun was bought at Kmart. My life was changed forever. I was the luckiest woman in the world to have Jim."
Folsom and Tanner allegedly traveled to Jackson Hole, Wyo., in an earlier attempt to kill him, but failed to locate him.
LeDoux asked the court to accept Folsom's guilty plea for second degree murder and second degree kidnapping with credit for 281 days served in Fremont County Jail.
"The amount of money Mr. Folsom agreed upon to participate in this plan was from $1,500 to $2,000," LeDoux said.
"It is appalling and defies logic and common sense that an individual would participate in this kind of scheme for such a paltry sum."
Folsom apologized for his part in the crime, saying he hoped the family could one day forgive him.
"I appreciate that you apologized for your behavior," Marshall said. "I find myself wondering what picture you have in your mind, leaving (James) in the wilderness tied to a tree during his last moments.
"I would hope that is something you deal with as you spend time in custody. Clearly you did not treat Mr. Durgan as a fellow human being."
The Durgan children are living with their maternal grandparents and according to their grandfather, Bruce Traegde of Ridgway, they are doing well.
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