Hit and run victim says driver is not meeting sentencing requirements
Glenwood Springs, CO Colorado
EAGLE, Colorado – The driver in a high profile hit-and-run case isn’t living up to his sentence, his victim says in court documents.
The Finance Industry Regulatory Authority requires Martin Erzinger to disclose that he was charged with a felony, says attorney Harold Haddon, Dr. Stephen Milo’s attorney in the case stemming from a July 3 hit-and-run collision with the bicycling Milo.
Erzinger is a wealth manager with Morgan Stanley’s Denver office.
Erzinger pleaded guilty to a pair of misdemeanors earlier this month. A plea deal with the District Attorney’s Office eliminated the felony charge, sparking widespread public outrage. In that Dec. 16 hearing, District Judge Fred Gannett ruled that the plea deal would stand.
As part of his sentence, Gannett ordered Erzinger to file a disclosure with FINRA.
In court documents filed late Wednesday, Haddon said Erzinger failed to disclose the two misdemeanors to which he pleaded guilty or the sentence he received.
“The report discloses only that a felony charge was filed against Erzinger and later dismissed,” Haddon wrote.
Milo and Haddon are asking that Gannett find Erzinger’s report “inadequate and misleading,” and that it violates Gannett’s sentencing order.
Erzinger was originally charged with a felony on Aug. 10, and recharged with a felony on Oct. 12. Haddon says Erzinger failed to report either of those to FINRA within 30 days, or how those charges were ultimately disposed of, which Haddon and Milo assert FINRA requires.
Erzinger was sentenced to probation, 45 days of work release or charitable work somewhere other that the Denver area, and to complete his FINRA disclosure.
“Dr. Milo submits that this FINRA disclosure is a violation of the terms of Defendant Erzinger’s probationary sentence,” Haddon wrote.
Erzinger’s attorney, Richard Tegtmeier, disagrees.
“Mr. Erzinger has complied with all the requirements of both the court and the Finance Industry Regulatory Authority,” Tegtmeier said.
“He has been truthful, he has fully filed everything he needs to file,” Tegtmeier said. “He has also paid all his fine, his fees he, and he received approval to go to Haiti, where he is now, working in an orphanage.”
That July 3 collision left Milo with severe injuries to both his body and his brain.
Mark Brostrom, the assistant district attorney prosecuting the case, said Erzinger has no criminal history and was not using drugs or alcohol when he collided with Milo’s bicycle, hence the plea deal.
“The aggravation came from the hit, and not the run,” Brostrom said during the hearing.
Tegtmeier attorney argued against the premise that Erzinger struck someone, fled and hid.
Milo, 33, is an anaesthesiologist with Mount Sinai Medical Center in New York City. He had just earned his first paycheck at the time of the collision.
Erzinger was driving a new 2010 Mercedes Benz sedan when he rear-ended Milo at about 1:30 p.m. July 3.
In the weeks following the accident, Erzinger was diagnosed with sleep apnea, and claims he fell asleep at the wheel before driving off Highway 6 and onto the shoulder near Miller Ranch Road, hitting Milo from behind.
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