No decision yet on Maketa indictment; judge says he needs more time on former sheriff's case

COLORADO SPRINGS, Colo. (KKTV) - A judge declined to make a decision on former Sheriff Terry Maketa's case, stating he needs more time.

Attorneys for the embattled Maketa have been trying to get a slew of charges thrown out, and hoped 4th Judicial District Judge Larry E. Schwartz would make a decision Monday.

The one-time El Paso County sheriff has had a protracted fall from grace since 2014, when allegations of abuse of power and multiple affairs first emerged. Since then, Maketa has been indicted on felony counts of extortion, witness tampering and kidnapping; has made multiple court appearances; and could face prison time.

His lawyers believe the indictment is fatally flawed and won't survive.

"They don't even have enough there," said one of Maketa's attorneys during a September court appearance.

A former prosecutor told 11 News after the indictment was announced that it'll also be up to that judge to decide what kind of sentence to impose as well.

"The judge can impose probation, the judge can propose some kind of community corrections where someone is allowed to go to work and it's not a high security facility or prison, and the judge just sentences you to prison for a certain number of years," Brad Laybourne said.

Maketa's attorneys had hoped 4th Judicial District Judge Larry E. Schwartz would make a decision Monday. But according to our partners at The Gazette, Schwartz said he didn't even receive transcripts of the grand jury proceedings until Monday and needed time to read them.

Why it took six months for the judge to receive transcripts in the case wasn't explained in court, The Gazette said.

Two of Maketa's former subordinates were also indicted at the same time he was: former Undersheriff Paula Presley and former Commander John San Agustin.

Maketa and Presley face nine counts, including six felonies and three misdemeanors. San Agustin was charged with two felonies, including second-degree kidnapping and false imprisonment.

The indictments allege Maketa and Presley, along with San Agustin, conspired to force a domestic violence victim to recant her story to protect a deputy she said punched her. That woman was later arrested and put in jail. Her charges were later dropped.

Maketa is represented by high-profile attorney Paula Mackey, whose client roster includes former NBA star Kobe Bryant.