A man who fired a gun on University Hill in 2022 before being shot by police accepted a plea deal Friday and was sentenced to two years in prison and eight years of community corrections.
Zakiyy Lucas, 24, pleaded guilty to attempted first-degree murder – extreme indifference; disorderly conduct – discharging a firearm; and possession of a defaced firearm.
On the attempted murder charge, Lucas received an eight-year community corrections sentence and two 364-day sentences for disorderly conduct and possession. All sentences are executed one after the other. He also received 40 days of credit for time served on his community corrections sentence. All other counts were dismissed.
Assistant District Attorney Ken Kupfner said at the start of the case that he couldn’t see how Lucas would get less than 10 years in prison. Kupfner said Lucas refused every program offered to him in prison and received multiple disciplinary actions because of his behavior.
However, when attorney Valerie Cole took the case, she asked for additional time to provide further mitigating evidence. Kupfner agreed, but said it was unlikely to change his mind.
But Cole traveled to Lucas’ hometown, spoke with his childhood friends and family members and created a video that highlights the struggles Lucas has faced throughout his life. District Judge Dea Lindsey said she has only seen such extensive mitigation measures in death penalty and murder cases.
“I had to admit I was wrong, Ms. Cole had given me a palliative package that was compelling,” Kupfner said. “That mitigation package is the main reason we are here and I am not advocating sending him to prison for 10 years.”
Kupfner said it was far from the norm to give someone community corrections and prison time for attempted murder, but he believes sending Lucas to prison would not have improved the situation.
“He has a lot of work to do, but he has recognized it and started that work,” Kupfner said.
He added: “I hope to see him in an incredibly successful place in a few years.”
During his sentencing Friday morning, Lucas’ loved ones shed tears, laughed and smiled at Lucas as scores of people took the stage to talk about him. NAACP representative Darren O’Connor, Lucas’ mother, and his former boxing coach Carrie Barry spoke on his behalf.
O’Connor referred to another case where a The man was sentenced to 180 days in jail, suspended for two years, for a shooting and said the charges against Lucas were less serious, but argued that Lucas faced a longer sentence because he is a young black man.
Lindsey also spoke about how Lucas’ identity as a black man has impacted and will continue to impact his life. She highlighted that about 1% of Boulder County’s population is black and that one in three black men in the U.S. goes to prison.
“I hate it. I hate it. I can’t tell you how much I hate it,” Lindsey said of the incarceration rate of black men in the US.
Lindsey added that Boulder County can be “very isolating” for people of color.
“That’s why you have to work harder… That doesn’t mean you can’t overcome it, it just means you have to be ruthless. You have to be consistent. You have to believe in who you are, and that is greatness. You’re a king,” Lindsey said.
Lindsey stated that this was a self-defense case and agreed with Barry that Lucas was scared during the shooting.
During her testimony, Barry recalled that when Lucas was in kindergarten, his principal told him that he would be nothing more than a prison bird like his father. While confronted by his director, Barry said Lucas did not receive the comfort and support he deserved at the time.
“I would have been there for him at that moment. He was destined for so much greatness in his heart,” Barry said. “If you hear that at the age of five, those things stay with you. When you hear that, it sticks in your mind again and again.”
Barry said that when Lucas is looking for a job, she would be willing to take a pay cut so she could hire him at her boxing gym, The Corner Boxing Club.
“I think he can be the heart of his community if they’re willing to give him a chance,” Cole said.
Lucas thanked everyone who helped him before he was sentenced.
‘I’ve spent many nights in my cell thinking I wouldn’t see my family and the people I love for a while… Thank you. I want to apologize to the community, to anyone I have scared or just influenced. My apologies, but thank you,” Lucas said.
According to an arrest affidavit, police were investigating a nuisance call on University Hill on Oct. 2, 2022, when they learned a witness had called 911 about a large fight nearby that may have involved firearms.
Video of the fight showed a man on the ground, wearing a dark shirt and khaki pants, being punched and kicked by two other men. Video footage later showed one of the men yelling at Lucas. The two then began exchanging punches as Lucas got into a yellow vehicle parked nearby and returned with a gun, the affidavit said.
A responding Boulder police officer, Eric Stephens, saw Lucas fire his weapon, prompting Stephens to shoot Lucas.
According to the body camera video, Lucas then dropped his gun and started running before Stephens told him to stop. While officers were taking Lucas into custody, police believed another person fired four shots in their direction based on a witness description and where the shots came from.
One person in addition to Lucas was initially arrested, but charges were dropped after video evidence showed he was not the shooter.
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