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DENVER INJURY LAW, LLC

201 Columbine St., Ste. 150 #6888

Denver, CO 80206

Ph. 303-840-2222 (M-F, 9a-6p). 720-507-8773 (after hours)

Denver,  Colorado.  Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in in Arapahoe County District Court, Centennial, Colorado (Case No. 2022cv30065) on behalf of Angelica Saupe (a retired Colorado 911 dispatcher) against Aurora Public Schools and David James O'Neill Jr (a former Rangeview High School basketball/softball coach, Fellowship of Christian Athletes leader, and campus monitor). 

Plaintiff Angelica Saupe, age 35, claims that she was sexually abused as a minor (ages 14-17) for years (2000-2004) by Defendant David James O'Neill Jr., age 64, person in a position of trust as her basketball coach, at Aurora Public School’s Rangeview High School.  O'Neill, then age 43, was not reported and not charged at the time of the offense. Saupe complained to law enforcement in 2007, at age 20, and was told charges would not be filed.  Saupe has never been contacted by Aurora Public Schools, although she believes the School District was contacted by Aurora Police at the time of her complaint.

The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.

The lawsuit seeks an unspecified amount of damages.  Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case. 

Denver trial lawyer James Avery comment on the new law:  "This is an unprecedented opportunity for justice where it is truly needed.  I have turned away dozens of clients who were sexually abused as children but who didn't come forward in time to file a case.  This new law gives them a remedy, albeit a limited one.  These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives.  To have this new tool in the arsenal to help them is a big step forward for society at large.   For the defendants in these heinous cases, its a day of reckoning.". This is one of five new case filings by Denver Injury Law LLC under the new Act.

DENVER INJURY LAW, LLC

201 Columbine St., Ste. 150 #6888

Denver, CO 80206

Ph. 303-840-2222 (M-F, 9a-6p). 720-507-8773 (after hours)

Denver,  Colorado.  Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30137) on behalf of Cydny Norris (a former student at Smoky Hill (Aurora, CO) High School) againstCherry Creek School District and Perry Weisman, Sandy Smith, and Anton Durall Kaempfer  (all former Smoky Hill High School counselors or teachers).

Plaintiff Cydny Norris, age 59, claims that she was groomed beginning in 1975 at Campus Middle School, age 12 and sexually abused as a minor (ages 14-17) for years (1977 to 1980) by Defendant Anton Durall Kaempfer, age 31, a person in a position of trust as her guidance counselor, at Cherry Creek Schools' Smoky Hill High School.  Kaempfer, an adult, now age 77, was not reported and not charged at the time of the offense, although Norris alleges other counselors and teachers were aware of the misconduct.  Norris complained to law enforcement in 2015 and Boulder Sheriff Office refused to take a complaint.  Norris has never been informed of any investigation by Cherry Creek School District, although she believes the misconduct was reported to the School District by a whistle blower in 1993.

The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.

The lawsuit seeks an unspecified amount of damages.  Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case. 

Denver trial lawyer James Avery comment on the new law:  "This is an unprecedented opportunity for justice where it is truly needed.  I have turned away dozens of clients who were sexually abused as children but who didn't come forward in time to file a case.  This new law gives them a remedy, albeit a limited one.  These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives.  To have this new tool in the arsenal to help them is a big step forward for society at large.   For the defendants in these heinous cases, its a day of reckoning." This is the fifth case filed by Avery under the new law. [end]

• 44% of rape victims are under age 18
• 80% are under age 30
• 1 in 5 women has been sexually assaulted in their lifetime
• 60% of sexual assaults are not reported to police (so all statistics only show 40% of the cases!)
• 7 out of 10 assaults are committed by someone known to the victim
• Every 2 minutes, some is sexually assaulted

• The average rate per 100,000 inhabitants for forcible rape in the US was 28.7 in 2009 (that does not include all sexual assault, this means that the real number of problems is MUCH higher). The rate per 100,000 inhabitants for forcible rape in Colorado was 44.6 and went up 5.2% since 2008. This is a major increase over the national average. Source: FBI Crime in the US

• The offenses known to law enforcement: Boulder law enforcement listed 32 forcible rape cases in 2009 (keep in mind only 40% gets reported and then still some may not be counted; think about school campus, lack of evidence etc.) If you compare Boulder with other cities such as Arvada and Centennial which have a similar amount of inhabitants, Boulder mostly had higher numbers in many different offenses such as violent crime, murder, robbery, assault etc. Source: FBI Offenses Known to Law Enforcement

• 4 forcible rape cases were listed in 2009 in the University of Colorado with a student enrollment of 32,469. Denver, with a student enrollment of 21,903 had 0. Fort Collins however, had 5 with a student enrollment of 28,882. CU Boulder did have the #1 spot in violent crimes, aggravated assault, property crime, burglary and larceny-theft. Source: FBI Offenses Known to Law Enforcement by State and University

• Crime statistics in Boulder, CO up to 2010. In this case, please keep in mind the population in Boulder has increased much since 2006. There is a lot of info for you to see but I will mention a few items I noticed. For example, the amount of officers has remained the same even though the population increases and the ration even (slightly) dropped per 1000 inhabitants: from 1.67 in 2006 to 1.65 in 2010. In 2010, 25 rape cases were reported (only 7 arrests total with juvenile arrests booming to a total of 4 in 2010), 72 sexual assault cases and 4 murders (3 arrests). In many other crimes however, numbers have dropped over the past 5 years which is a positive sign. Some have increased and other remain very volatile year over year. I am positive that our law enforcement does an excellent job and am very supportive of their actions. Numbers are not an exact science and don’t explain everything. However, it does give an individual an idea of the amount of crimes and we can only create a safer community if we all work together. The police and Sheriff’s department exist to keep us safe but we all have duties as individuals as well. Source: www.bouldercolorado.gov

• Finally, campus statistics at CU Boulder. Please take a look at their website at they give you much information to explain more about them and what to do if something were to happen (including phone numbers). If we take a look at the crime statistics, you will see there is a 5 year average of 4.2 forcible rape cases each year with a total of 4 in 2010 (does not include other sex offenses such as sexual assault, unlawful sexual contact and does not reflect a total count since not all are reported and/or listed!!) No arrests were made from 2006-2008 for forcible rape cases. Source: website of CU Boulder Police Department

Hopefully this indirectly helped you to be safe and maybe make certain decisions that will keep you safe in the future. If we can assist you in any way, if you have any questions or you would like to try out a free class with us, you can always contact us at info@definedefense.com