Morgan Stanley Hit-And-Run: Plea Deal For Perp 'Far More Punitive' Than What Victim Wants, Says Colorado DA

Colorado District Attorney Mark Hurlbert said the government's plea deal with a wealth manager who didn't stop after hitting a bicyclist this summer is "far more punitive" than what the victim reportedly wants.

The Vail Daily News reported last week that Martin Erzinger, a money manager with Morgan Stanley Smith Barney in Denver, Col., would not face felony charges in part because the felony could jeopardize his job and ability to pay restitution to the victim.

"Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession, and that entered into it," Hurlbert told the paper. "When you're talking about restitution, you don't want to take away his ability to pay."

The victim, Steven Milo, is reportedly livid with the decision. "Mr. Erzinger struck me, fled and left me for dead on the highway," wrote Milo. "Neither his financial prominence nor my financial situation should be factors in your prosecution of this case."

Hurlbert told HuffPost on Monday the government decided to offer Erzinger a plea bargain for two misdemeanors instead of a deferred felony, which is what he said Milo wanted. He said Erzinger could face two years of jail time and that the misdemeanors will be on his record permanently, while the deferred felony will eventually be expunged.

"This is the right plea bargain given the facts of the case, the defendant's prior criminal history and his willingness to take responsibility," Hurlbert said. "We feel this is far more punitive than the felony deferred."

Hurlbert did not offer details on the restitution, except to say it would be "significant." He said he did not actually know exactly how a felony or misdemeanor would affect Erzinger's ability to do his job. He said it was a factor, but not a major one, in his decision.

"As far as employment, in any case where there is significant restitution we certainly take that into account," Hurlbert said, "but it is not the overriding concern."

In a follow-up story, the Daily News reported that Hurlbert has received over 1,000 emails condemning his decision. The story has sparked widespread outrage online.

Morgan Stanley told HuffPost that Erzinger's hit-and-run had nothing to do with his wealth management.

"This unfortunate situation was not related to the individual's professional activities, but we are continuing to monitor the situation and will cooperate fully with law enforcement, if requested," said a spokeswoman.

Comments

[Greg Slaughter]

02:17 PM on 12/18/2010

The New Car Smell Defense reminds me of the famous Twinkie Defense used by Dan White to defend against charges of his murdering of San Francisco city supervisor Harvey Milk and mayor George Moscone in 1979. "It is all the fault of the sugar high I experienced from eating Twinkies while driving around in my new Mercedes, with that new car smell greatly altering my senses, and my state of consciousness!" The guy was busy talking on his cell phone, or fiddling with his MP3 player, or both, and not watching where he was going.

[rbrain]

08:26 PM on 12/09/2010

This is a deal that the accused wants, it keeps him clear with his mega-bucks job. The DA is blowing smoke and pandering to his wealthy base.

As for the perp... This fine upstanding citizen ran over a cyclist, damaged his car in the process, then drove off without even checking to see what he hit. Then he stops far away and immediately tries to get his car towed and repaired. And finally, within days, this well regarded individual discovers he suffers from a previously unknown sleep disorder that caused him to fall asleep at the exact moment he ran down the cyclist.

Perhaps if I run down some unprotected cyclist, this DA will find me a megabucks job so i can easily and effortlessly pay restitution, that makes about as much sense as this case.

[thatgirlinnewyork]

09:11 PM on 11/13/2010

it's clear that this activist judge decided that a hedge funder's potential income is more important than that of a surgeon. personally, i'd rather have more of the latter than the former in society. when trouble hits, the surgeon is compelled to help you while the hedge funder locks his doors and speeds away quickish.

to say nothing of the fact that it was proven that this driver swerved over the shoulder and HIT the cyclist, then fled the scene. for this alone, he should be locked up for a long time.

[patriotgrrrrl]

11:56 AM on 11/11/2010

This is not so much a case of rich vs. poor – as much as it is the Vail Valley’s blatant hatred of the (Northeast) city folk rearing its ugly head. Vail is very insular. Everyone looks alike, dresses alike and even lives in identical structures with identical furnishings. They only take care of their own. Ask Kobe Bryant if he was treated fairly here.

Vail is a dangerous place for urbane city dwellers to visit, especially those that do not have blond hair and blue eyes.

Also beware that Vail doesn’t get the day trippers from Denver (like Breck does) and the very wealthy choose Aspen or Telluride instead. Vail is clearly the most financially crippled place in CO. The overbuilding in the last 5 years was extreme and the amount of unsold inventory and foreclosures is stunning. It is a recipe for disaster when a big city tourist hits town and has to deal repeatedly with debt laden strapped locals. There is also a bed bug epidemic and and since most vacation rentals are individually owned, there is no remediation going on. Instead the renter leaves with the critters and the landlord leases the infected unit to a new unsuspecting vacationers. And, as an outsider – try suing a local resident in civil court for damages if you do get bedbugs. They will laugh you out of court.

[thatgirlinnewyork]

09:12 PM on 11/13/2010

i used to go to vail, when it was a little gem in the west--now it seems chaotic and not relaxing whatsoever. such a shame that greed created this.

[patriotgrrrrl]

11:48 AM on 11/11/2010

No mention anyplace whether the Avon police ever conducted drug or alcohol tests when they found the perp. If you saw where it happened you would automatically assume that the driver had to be under the influence of drugs/alcohol or distracted driving. And it is illegal in Colorado to talk or text while driving. Moreover, if the driver was conducting company business (talking either to Morgan Stanley customer or colleage) then Dr. Milo can also sue the employer - which would negate the DA's assertion that he was plea bargain was in Dr. Milo's favor.

[WhatBS]

10:21 AM on 11/11/2010

Vail Daily editors call for judge to throw out plea bargain.
http://www.vaildaily.com/article/20101111/EDITS/101119980/1021&ParentProfile=1065

[madrediterra]

08:50 AM on 11/11/2010

The signed petition had no effect. We could contact outgoing Gov. Bill Ritter to order the AG to enforce the laws of the state, but as a former DA he was criticized for plea bargaining 97% of his own cases. Suggest emails to Hurlbert, Ritter and incoming Gov. Hickenlooper.

Hurlbert does not see the injustice of his handling of this matter. That does not mean he will have the final word.

[rhubardpi]

01:04 AM on 11/11/2010

Don't you realize if the defendant lost his job by going to prison he would have a hard time paying off a bribe he could be making to the DA in this case.

[thatgirlinnewyork]

09:13 PM on 11/13/2010

no doubt he has PLENTY in reserve!

[ItsTooLate]

11:59 PM on 11/10/2010

I suggest emailing the Governor's office about this. The state Attorney General can investigate at the request of the Governor.

[ItsTooLate]

11:57 PM on 11/10/2010

"He (Hurlbert) said he did not actually know exactly how a felony or misdemeanor would affect Erzinger's ability to do his job. He said it was a factor, but not a major one, in his decision."

Okay, let me get this straight: the DA, Hurlbert, admits he doesn't know how a felony conviction would affect Erzinger, but that didn't stop him from making it a factor? Huh? This DA is looking for an excuse to let some rich guy off the hook.

"This is the right plea bargain given the facts of the case, the defendant's prior criminal history and his willingness to take responsibility." Erzinger FLED THE SCENE and was caught hiding evidence (stashing his broken bumper in his Mercedes), how does this show a "willingness to take responsibility"?

There's something rotten with this DA.

[skeptic al]

04:55 PM on 11/10/2010

"When you're talking about a payoff er, uhmmm, payola, oh, excuse me... "restitution", you don't want to take away his ability to pay it

[Rodger leMonde]

12:01 PM on 11/10/2010

So what would have been the problem with a felony conviction with a suspended sentence contingent on meeting the financial obligation to the victim? The Morgan Stanley statement indicates a willingness to coperate with the court.

[baldguy]

10:28 AM on 11/10/2010

What happened to the 5000+ comments that were on here 2 days ago? This guy needs to be Dexterized......

[1differentdrummer]

06:28 AM on 11/10/2010

The guy's auto insurance won't cover the bills, or what about his umbrella policy?

[Catherine in Tulsa]

09:42 AM on 11/10/2010

I think we are looking at BIG dollars for this settlement. The article on Monday mentioned that Milo was on a liver transplant list. They did not mention his current situation, such as if he's capable of working (and he was a doctor), if he needs dialysis, if he's ambulatory, or any brain damage. When I posted Monday, I got lambasted by people, but it sounded like the DA was really taking the victim's situation into consideration and what ultimately would be better restitution.
Plus, I think jail's are a pointless waste of tax payer dollars. What do they actually accomplish?

[Bluesue]

11:03 AM on 11/10/2010

Milo doesn't need a transplant - he's a liver transplant surgeon -

From the original article in the Vail Daily News:

Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.

“He will have lifetime pain,” Haddon wrote. “His ability to deal with the physical challenges of his profession — liver transplant surgery — has been seriously jeopardized.”

http://www.vaildaily.com/article/20101104/NEWS/101109939/1078&ParentProfile=1062

[thatgirlinnewyork]

09:14 PM on 11/13/2010

please. a hedge funder has PLENTY of assets to liquidate, cash in reserve. this is hardly a reason for lenience.

[Grimway]

02:34 AM on 11/10/2010

To pretend no knowledge of the two seperate justices systems in America at this point it to claim unconsciousness.