On Wednesday, Tyler James Intermaggio, 39, of Pagosa Springs, was sentenced to 24 years in the Colorado Department of Corrections by 6th Judicial District Chief Judge Jeffrey Wilson after entering a guilty plea in March to a charge of criminal attempt to commit murder in the second degree.
Intermaggio was sentenced in two cases Wednesday.
On March 11, Intermaggio entered guilty pleas in the cases as part of deals that were accepted by Wilson.
The first case involved criminal attempt to commit murder in the second degree and stems from a Jan. 4, 2023, incident in which Intermaggio pointed a firearm at Deputy Bill Lucero and pulled the trigger before being neutralized by Deputy Hayleigh Brown.
The second case involved criminal attempt to commit assault in the first degree and stems from a Jan. 1 incident in the Archuleta County jail that involved a detention officer.
The sentencing hearing began with five people speaking in favor of Intermaggio, including neighbors, friends and his father.
The friends and neighbors spoke of Intermaggio’s consistent willingness to help without expecting anything in return and his contributions to the neighborhood he lived in in Aspen Springs.
Neighbors noted that Intermaggio would help put out fires, helped neighbors begin to build their house, provided emotional support, hauled water and more.
“I don’t have water now, because Tyler’s not there,” one stated.
Multiple spoke about the sense of security Intermaggio brought to the neighborhood, with that sense of safety now gone.
The friends and neighbors also suggested that Intermaggio is not a threat to society, adding that he has a lot of potential and can again be a contributing member of society.
Intermaggio’s father began by offering his condolences to the family of Bill Lucero, who passed away on Jan. 9, stating that he understands Lucero was a good man.
He then noted that his son is much more than what was showcased in the events relating to the sentencing and explained that his son’s mother had mental health issues and indicated he wondered if that affected either of his children.
He also suggested Intermaggio had likely sustained numerous concussions and was badly beaten at one point, and that he had issues with excessive drinking and drugs.
He then stated he has questions still about the events of the Jan. 4, 2023, incident that resulted in the plea to attempted murder, but that, after Intermaggio was hospitalized, he heard from at least a dozen people who had a hard time believing the incident had happened and that Intermaggio was helpful.
He added that he has concerns about his son’s mental health and well-being, adding that since he’s been incarcerated, prescription medications seem to be helping.
He ended his statement by addressing the law enforcement officers in the room and acknowledging how hard their jobs are.
Another friend suggested if the officer hadn’t gotten out of his car and shot at a dog, the incident wouldn’t have happened.
Deputy District Attorney Mac Dudley then presented videos to the court, including body camera and dash camera footage from the Jan. 4, 2023, incident, footage from the incident in the jail, and the last call for Deputy Bill Lucero, with Dudley noting Lucero passed away suddenly days after the jail incident.
Following the evidence, Brown addressed the court, beginning with a moment of silence in honor of Lucero.
Brown indicated that, for the last year and a half, she and Lucero had been stressing about the sentence Intermaggio should receive, with the incident leaving both her and Lucero with long-lasting effects that she is now facing alone.
“The stress was too much for him in the end,” she said of Lucero.
Brown told the court she lost her partner and best friend, adding that she thought she would see him die that day when he stared down the barrel of a gun, and that he thought he would die that day.
She noted he still used his jackets to keep the defendant warm while help was on its way.
Brown also talked about Lucero’s more than 30 years of dedicated service before stating, “This is what killed him” and adding the defendant has no one but himself to blame.
She suggested Intermaggio has showed no remorse.
Brown added that she said on Jan. 4, 2023, that she wasn’t going to be the one to tell Lucero’s family he had passed, but that’s what she had to do a year later.
She asked that Intermaggio receive the maximum sentence, suggesting he pulled the trigger multiple times with the intention of killing Lucero.
Archuleta County Sheriff Mike Le Roux addressed the court next, in part telling the court that on Jan. 4, 2023, Archuleta County and the community “sustained an unprecedented event,” calling the defendant’s actions “egregious.”
He further noted that Intermaggio “viciously and brutally” attacked a detention officer, and the violence proves he continues to be a threat.
Le Roux also asked that the maximum sentence be imposed.
Brown then introduced the members of Lucero’s family who were present before his brother-in-law addressed the court.
He discussed the character of Lucero and his decades of service to the communities he lived in, as well as his compassion, before discussing how Lucero changed following the 2023 incident.
He too asked for the maximum sentence.
Lucero’s ex-wife then addressed the court, stating that when the death certificate came in, she researched the condition it stated caused his death and found that the top contributing factor for that condition is stress.
She then spoke on behalf of two of her and Lucero’s three children and herself and talked about how he wouldn’t be around for milestones in their lives and that he is dearly missed.
She also told the court he had more bad days than good in his last year and told the court of his years of service.
She also read a letter to the court written by their youngest daughter.
“This man has no remorse that I can see,” she told the court after reading her daughter’s letter, suggesting that the maximum sentence would not be enough.
Intermaggio’s attorney, David Lipka, then offered his condolences to Lucero’s family, explaining they shared a courtroom in Alamosa for years, before presenting additional evidence to the court.
That evidence included videos of Brown’s initial response to the 2023 call and when Lucero arrived at the scene.
Lipka then spoke to the court about Intermaggio’s gunshot wound, with the shot going through his diaphragm and lodging near his spine, and that he was in a coma for three days.
Lipka noted Intermaggio is lucky to be alive and that he had 37 staples from the shot and seven from the dog attack that initiated the incident that day.
Lipka also told the court the toxicology report showed Intermaggio’s blood-alcohol content was 0.134, and that he had cannabis, cocaine and methamphetamine in his system.
Lipka noted “Mr. Intermaggio responded wrongly” when he thought his dog’s friend had been killed.
Lipka also suggested that, prior to the jail incident, there were words exchanged with the detention officer that Intermaggio took as provocation, but that he had tried to get medication in the days before that due to concerns about his mental health.
Lipka also noted that Intermaggio is more than the mistakes he made on two days and noted that Intermaggio voluntarily entered into a plea agreement knowing the minimum sentence would be 20 years.
Dudley then discussed other previous incidents involving Intermaggio before noting the two cases before the court involve law enforcement officers and that the defendant was willing to kill officers.
Dudley called it “dumb luck” that Intermaggio didn’t know there were more steps to take before the gun would fire.
“He thought he was ready to kill Deputy Lucero, and he tried to,” he said.
Dudley also asked for the maximum sentence of 24 years, saying that only the maximum sentence is appropriate and that it would promote respect for the law and honor the deputies.
Intermaggio then addressed the court, stating he is extremely sorry and remorseful.
“I never wanted to hurt anybody,” he said, stating Dudley’s explanation of him was completely wrong and that he was ready to take any consequences.
With that, Wilson acknowledged the statements of Intermaggio’s friends and stated that Intermaggio’s actions shouldn’t be excused.
He indicated Lucero’s family believes Intermaggio caused Lucero’s death with good reason and added he doesn’t think Intermaggio is safe to be out in the community.
He then sentenced Intermaggio to six years in the Department of Corrections for the attempted assault case and 24 years in the attempted second-degree murder case, with the terms to be concurrent and followed by five years of parole.
He also gave credit for time served and suggested the sentence could be shortened with good behavior.
The incidents
According to an Archuleta County Sheriff’s Office (ACSO) press release released following the Jan. 4, 2023, incident, “During the incident, one of the male subjects deployed a firearm and attempted to discharge the firearm at an ACSO Deputy. The second Deputy discharged their duty weapon at the male subject, neutralizing the immediate threat.”
It further notes that deputies “provided lifesaving support immediately after the incident until medics arrived.”
According to the plea deal, “On or about Jan. 4, 2023, in Archuleta County, Colorado, Tyler James Intermaggio knowingly attempted to cause the death of William Lucero. At the time, William Lucero was a peace officer engaged in the performance of his duties.”
At the plea hearing, Wilson explained that the charge can come with a sentence range of four to 12 years normally, but that the use of a firearm aggravated the charge, making the sentence up to 24 years.
During the jail incident, the plea deal explains, Intermaggio “took a substantial step toward the commission of assault in the first degree by attempting to cause serious bodily injury” to a peace officer “by means of a deadly weapon, namely his fists and knees as used in a manner capable of producing death or serious bodily injury.”
randi@pagosasun.com
