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Michael Gibbs Charged With Vehicular Homicide; May Be Leaving State Save Email Print
Posted: 11:00 AM Mar 6, 2008
 Last Updated: 2:12 PM Mar 6, 2008
 Reporter: Stephanie Ross
Email Address: sross@kktv11news.com
51 comments Poll
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Michael Gibbs arrived in court Thursday with his mom, step father and sister to hear the charges against him and to ask permission to leave the state for a treatment program in California.

 
Are you surprised with the court's decision?
Yes
No
 

Gibbs' lawyers asked Judge Robert Lowry to change the conditions of his bond to allow him to travel to California for an inpatient program there.

The parents of the victim, 14-year-old Graham Johnson, were in court as well and asked that Gibbs not be allowed to leave the state. They said that he was a flight risk and because of the crime involving a hit and run it would be inappropriate for him to be allowed out of the state.

The judge did grant the request of the defense and is allowing Gibbs to leave the state for the inpatient treatment facility, on several conditions.

Gibbs' bond will be increased from $10,000 to $50,000 and he will not be allowed to leave the grounds without court permission.

Gibbs is still required to make every court date in El Paso County while he is being treated and Judge Lowry will require a weekly status report on Gibbs' progress.

Charges were also filed in court and they include:
1. Vehicular homicide involving driving under the influence
2. Vehicular homicide reckless driving
3. Hit-and-run involving death
4. Reckless endangerment
5. Driving Under The Influence
6. Leaving the scene of an accident
7. Failure to report
8. Reckless driving
9. Driving without insurance

Gibbs will be back in court in May.
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Posted by: stella Location: colorado springs on Aug 4, 2008 at 10:01 PM
have you seen the latest....michael is pleading NOT GUILTY to all charges....what a sad, sad story. How do you sleep at night Michael Gibbs?
Posted by: Bob Proctor Location: Colorado Springs on Jul 10, 2008 at 01:55 AM
I agree most people have had some drinks and drove...they got lucky. So don't point fingers at others!
Posted by: Nelson Hibbs Location: C/S on Jun 22, 2008 at 01:00 AM
These comments are emotionally charged filled with anger, hate and lots of pointing fingers. The facts: Someone drank, drove, and was in a motor vehicle ACCIDENT. Accident means: an immediate incident, the occurrence of which results in an unplanned outcome. This is a very sad accident for both the victims family and Gibbs and his family. California has many high acclaimed treatment facilities that can enhance Gibbs treatment. Instead of focusing on so much of the criminal part of the case, more focus should be on the mental health of Gibbs, and the victim’s family. (This is not an aggravated murder or first degree murder charge.) Further more, investigation will also include the establishment that over served. Over serving could possibly lead to black out and explain the reasoning for leaving the scene. Have YOU or someone YOU know ever drove a vehicle after drinking? Think about that. I send my prayers to everyone involved with this accident including Gibbs and his family.
Posted by: Anonymous on Mar 21, 2008 at 10:08 PM
well this judge is screwed up because gibbs has been charged too many times and should not be allowed to leave. gibbs can rot in hell.
Posted by: anon on Mar 11, 2008 at 04:49 AM
but isn't he in until 2011?
Posted by: John Location: C/S on Mar 10, 2008 at 06:28 PM
18 and life you got it. 18 and life you know. Your crime is time and it's 18 and life to go. I know he's 20 but this sounded better.
Posted by: David Location: C/S on Mar 10, 2008 at 05:43 PM
Get a spine people and post your name. Quit hiding behind anon which equals anonymous.
Posted by: anon Location: colorado springs on Mar 10, 2008 at 02:46 PM
The way to un-retain a judge is to vote "NO" when they come up for election. I wish a high percentage of the voting public would remember this easy fact during our elections. It is VERY easy...just vote 'NO RETENTION.' Goodbye Judge
Posted by: anon on Mar 10, 2008 at 08:35 AM
http://www.gazette.com/sections/opinion/contactofficials/ Here is a list of all of the local, state, and U.S. official contact information. I think we need to start sending letters to them
Posted by: GM Location: CS on Mar 10, 2008 at 05:14 AM
He is volunteering to do an out of state treatment program to help get his sentence reduced. Trust me I see all the time, I work corrections. This guys is gonna get off alot easier then all of you expect
Posted by: christy Location: ft carson on Mar 9, 2008 at 11:38 PM
WTF??? So you go kill a person an innocent, and you basically get a trip to CA for what. Do they not have things in co. also, why is this person not in Jail!!!!! I have no pity for him. I hope the parents, start a campain with the media and embrass this judge and the this pin heads judge maybe something will postive comes of it. It seems this person is getting a slapp on the wrist for killing someone??? this judge needs to be called out as well as the lawyer either to the bar or media, as special treatment. do you think if a poor black person did the same crime or a hispanic. do you think they would let this person to leave the state. hell no , he would go directly to the big house. The family needs to raise hell on the lack of justice for their son. If I had a child who was killed by a pin head I would raise a war from hell on the judge , legal system where ever I could. I think the justice system needs to be embrassed
Posted by: Dave Location: Colorado Springs on Mar 9, 2008 at 07:42 PM
So what have we learned from this? If you have money and can buy a judge, you can get away with anything and go on vacation in CA. Wonderful how the justice system works. A lot will say, "he's in rehab, who cares where it is". He should be in rehab in Colorado, not vacationing in CA. This judge is getting payed over 100k per year for this and there is no way he is going anywhere until at least 2011.
Posted by: Phil Location: North Carolina on Mar 9, 2008 at 05:20 PM
I really feel a travesty of Justice by the current Judge. As Close friends of the family, Justice is not being served. In our City a recent killing of an innocent bystander by a drunk driver, was swiftly solved and the driver who had a clean record prior is now behind bars in prison serving his term. The same should happen to the drunk driver involved in this case.
Posted by: Craig Fulton Location: Fountain on Mar 9, 2008 at 12:14 PM
The Filthy Fourth, just one of many negativities about this city.
Posted by: Pam on Mar 9, 2008 at 09:17 AM
Dear Bill in Boston, You mentioned a petition. How would this work?
Posted by: Jamie Location: Colorado Springs, CO on Mar 9, 2008 at 04:49 AM
El Paso County has a history of spitting in the victims' faces. We have a 6yr old son who was raped. He told the police and DHS exactly who did this to him and he was ripped out of our home by the "Filthy Fourth" because the criminal who did this to him is good friends with the DHS worker who has been slandering our name all over town. Now we have been forced by the court to give up the rights to both children who lived in our home because corrupt DHS people have more pull in the system than forensic evidence.
Posted by: linda Location: colorado springs on Mar 8, 2008 at 10:32 PM
What was the judge thinking when he let This person leave state? He left the scene of a accident that killed a kid. What makes them think that he will return to face his charges. Shame on him and the judge.
Posted by: jeff Location: c springs on Mar 8, 2008 at 05:03 PM
this is so stupid he has been sent away by his parents before so he could get it together and he screwed it up then. he should just go to jail and stop trying to play around. in my eyes jail is the best treatment center becasue he wont be able to get drugs or alcohol. And i agree if it was my kid i would let him stay in jail he doesnt deserve to be in society or around people he has had to many chances as it is.
Posted by: Julie Location: Pueblo on Mar 8, 2008 at 11:15 AM
Hmmm this sound interesting to me as well. Treatment in CA, and the family of this poor child that was killed gets what? Its amazing to me how the Judicial System works AGAINST the victim. I wonder what this family would do if the tables were turned! Unfortunately, we cannot place this man in the street and run him over....Instead lets send him on 'vacation' to get some help.. I hope that this incident is inbedded in his mind forever, he eats, sleeps this young man that he killed, needlessly!
Posted by: Bill from Boston Location: Fountain on Mar 8, 2008 at 10:33 AM
This is awful! I agree that the parents are totally irresponsible. Bailing him out with his terrible history of arogance and defiance was a HUGE mistake. He should be in jail, not allowed to leave the state, and face hard consequences for his actions. WHY should this CRIMINAL get what he wants..??!! Mr. Lowry's decision is incredible. NOTE: I just can't acknowledge his "position" by refering to him as "Judge"! A petition should be promptly initiated to re-call this judgement-lacking person from his very influential position. Oh, don't forget, he was in fact elected by the citizens. I will of course assist with this in any way needed. Lastly, to IGNORE the wishes of the parents of the VICTIM to not let him leave is like spitting in their faces... nice going pseudo judge ...fits a "bleeding heart liberal" profile!! Oh, last question, was the judge connected personally with any of the criminal's family...???
Posted by: Pam on Mar 8, 2008 at 08:34 AM
I googled the "filthy fourth" in Elpaso County....this is unreal. someone has to do something. I know that the bar association can launch their own investigation, I am wondering if it would be beneficial to contact the national bar and the SBI.
Posted by: Pam on Mar 8, 2008 at 08:13 AM
Does anyone know the name of the defense attorney?
Posted by: david Location: skyway on Mar 7, 2008 at 05:13 PM
What a looser.He should get mim. 10 years.
Posted by: Andrea Location: Colorado Springs on Mar 7, 2008 at 04:11 PM
I am outraged that they are letting him leave the state for treatment...he needs to stay here and start treatment. Why should he be allowed to be free when Graham is not hear with his family. This makes me so angry. I am so sorry for the Johnson family. They have to go through this pain and now deal with the judicial system and it's failures.
Posted by: anonymous Location: c/s on Mar 7, 2008 at 02:29 PM
So thats the way the system works? we comit a crime and in all reality should be in jail for murder, DUI, underage drinking etc...( with no bond ) and in stead we just ASK to go to California and are granted those rights. Why should he have that choice. He just killed an innocent child.I am sure that family would love to have their son back but that is not possible, so why does he just get what he wants. I agree with the other folks on here, we have treatment facilities here in Colorado Springs in pt, out pt and JAIL for people like this. I can see why there is so much crime in this city and it just continues to grow because people know a hand slap is all they will get. Maybe he and his family should have thought about treatment sooner, its just an excuse. Maybe some day it will finally get across to people to quit breaking the law or suffer the consequences, or NOT !!!
Posted by: Anonymous on Mar 7, 2008 at 02:27 PM
why are our posts not being printed?
Posted by: Shannon Location: colorado springs on Mar 7, 2008 at 02:07 PM
Our 20 yr old son was murdered here in the Springs by his 17 year old friend in 2006. So heartbreaking the injustices that this poor family must endure after a devistated loss. Losing a child I thought was the worst thing that could happen, until me and my family were put through a court system that has more sympathy for the killer that the desceased.
Posted by: anonymous Location: colorado springs on Mar 7, 2008 at 01:31 PM
It's a well known fact that Judges are for sale in El Paso County. Only persons whom (luckily) have no experience with the Filthy Fourth seem to be surprised by the corruption.
Posted by: John Location: Colorado Springs on Mar 7, 2008 at 01:31 PM
can you have a driver's license without indurance?
Posted by: grandfather Jack Location: Clemmons NC on Mar 7, 2008 at 01:12 PM
I am shocked by Judge Lowery's ruling that allows the totally irresponsible person who tool the life of my grandson, Graham Johnson to leave the state for "treatment" He should be treated in a CO prison because he has totally disregarded your laws. It is incomprehensible that he is granted any leeway. Since he does not respect the law-it is reasonable to expect he would flee to avoid punihment under it
Posted by: Pam on Mar 7, 2008 at 01:07 PM
is it possible for kktv to get followup comments from the judge and the defense attorney. what is going on?
Posted by: lawyer on Mar 7, 2008 at 12:10 PM
How can this be? You go to jail for not appearing in court....which Gibbs did back in April. I am shocked and quite frankly have no comprehension of how this could happen.
Posted by: Don Location: Colorado on Mar 7, 2008 at 10:37 AM
Can anyone tell me the full name of the judge and the defense attorney? I WILL contact the bar, and the governor and our Senators!
Posted by: Julie Location: Colorado Springs on Mar 7, 2008 at 10:35 AM
can't the district attorney appeal? And if so, why didn't he do it?
Posted by: Ryan Location: East Coast on Mar 7, 2008 at 10:33 AM
I just want to say that someone needs to turn the judge and attorney in to the bar association on a state and national level. I just took a look at the poll, for those of you who said they were not surprised with this sentence, would you please tell us why you aren't surprised?
Posted by: William Location: C/S on Mar 7, 2008 at 10:29 AM
I agree with you anon, only whey the heck is he out on bond to start with? ANYTHING is better than him out walking free. I also think that the Gibbs should move away from the Johnsons. They didnt even make this kid have insurance.....yeah they really care, maybe why he is like he is now!
Posted by: Jim Location: California on Mar 7, 2008 at 10:26 AM
What an outrage!!!! Hey Judge, WE DO NOT WANT THIS MONSTER! You can go to jail for a long time for robbery, breaking and entering, cruelty to animals,or even contempt of court. To me it is obvious that the parents are feeling free of the monster, and 50k means nothing to these people, word has it that they cannot handle him anyway, so 50k is a small price to pay for their freedom. Great parents huh, didn't even make him have insurance on a 35k car. I have never seen anything come close to this misjustice.....he should never been given any bond to start with!!!!! Money buys everything, even judges and lawyers.
Posted by: Anonymous Location: Colorado Springs on Mar 7, 2008 at 07:47 AM
In the courts defense, Gibbs was bonded out of jail. He would be free to walk the streets being a normal 20 year old guy for the next year before his case went to trial. Isn't putting him in some sort of facility, where he is required to stay within those walls a better option? Even if it IS out of state?
Posted by: audrey Location: washington on Mar 7, 2008 at 07:22 AM
Our family lost a precious member. The pain this unworthy member of society has caused to us and anyone who knew Graham is unfathomable. Shame, shame, shame on you judge for twisting the stake deeper.
Posted by: Anon Location: COS on Mar 7, 2008 at 07:07 AM
This man doesn't need a treatment program - HE NEEDS PRISON! Money talks and it's "who you know", I guess. May the victim rest in peace and may this decision be overturned by a RESPONSIBLE judge and his family get the justice they deserve!
Posted by: Appalled on Mar 7, 2008 at 07:04 AM
Sounds to me that the Gibbs family got the best judge that money can buy.
Posted by: Greg Agian Location: C/S on Mar 6, 2008 at 08:38 PM
I can't get over this, what is wrong with our world, can't discipline children or we get charged with abuse and go to jail, but the children can drink, drive and kill and the courts let them go to CA. I would ask the state to look at Judge Lowry and the court system in El Paso County. And until then Judge Lowry should be placed on leave.
Posted by: Greg Location: Colorado Springs on Mar 6, 2008 at 08:24 PM
I can't believe a judge would let a killer leave the state. We have treatment centers here and he could have gone. If we let him go I will feel that he will run. He killed some one and gets rewarded. We even have some of the best centers in the country. They are call prisons.
Posted by: Outraged Location: Colorado Springs on Mar 6, 2008 at 06:31 PM
Tennis courts, swimming pools, movie stars... it is an outrage that the parent that can afford to get him the best hired gun lawyers and pay for a vacation doesnt even have the guts to have him in his own home. I suppose this is all simply a tactic to keep him from doing hard time and make him look better when they finally get him back here to answer for this horrible crime. If any one of us drove without a liscence, drunk... then killed some one do you think we would even be out of jail yet? I think we would be hugging our new roommate in canyon city...
Posted by: Jen Location: Denver on Mar 6, 2008 at 04:39 PM
The fact that his initial bail was set so low shocked me. Someone needs to investigate a connection between this judge and the Gibbs family. This is just adding insult to injury to Graham's family.
Posted by: Bob on Mar 6, 2008 at 01:37 PM
This is an OUTRAGE!!! How can a judge release this person to go out of state for treatment!! Colorado doesn't have treatment facilities? Do inmates run the asylum? YOU BET !!!!` This is under age drinking incident that needs deeper look. Souped up cars used as a MURDER WEAPONS by an uninsured driver. It's time to ask more questions about this case!!!Just a stalling tactic used by the lawyers of Michael Gibbs, who will walk free by the failure of Judge Lowry . SHAME ON THE COLORADO SPRINGS COURT SYSTEM AND THE POLICE DEPARTMENT!!!!
Posted by: Amy Location: colorado springs on Mar 6, 2008 at 01:05 PM
What the heck is wrong with being counseled for alcoholism in jail? Or even here in Colorado? Why does he get to go to California?
Posted by: Char Location: Coloradao Springs on Mar 6, 2008 at 12:48 PM
If I were the parents of the child that was killed I would be madder than hell. They have facilities here, called the county jail. So now this kid has a second chance? What about the kid that was killed, does he get a second chance? Mommy and Daddy must have the money to pay off the courts. I can't imagine the judge allowing this, what about being a flight risk? This should be about the victim, not the killer. I find it harder and harder to have any respect for the court system these days. As one parent to another I'm so sorry for your loss!!!
Posted by: Randy Location: C/S on Mar 6, 2008 at 12:38 PM
So there are no treatment programs in Colorado or Colorado Springs? This whole thing smells fishy.
Posted by: d Location: Colorado Springs on Mar 6, 2008 at 11:36 AM
Treatment now! Sounds like Hollywood!
Posted by: John Location: Smith on Mar 6, 2008 at 11:21 AM
Treatment program????? He's already done the worst kind of damage you can do to someone, what good is a treatment program going to do him (or, more importantly, the victim and his family). I hope they lock this scumbag up until his hair turns grey
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