Ex-Punter Charged With Attempted Murder

**bigboydan** · 10-20-06, 12:44 PM

The second comming of Tanya Harding.

I can't believe somebody would actually do something like that over being a starter on a football team.

**nosuzieno** · 10-20-06, 12:50 PM

Especially on N. Colorado

**pags11** · 10-21-06, 01:00 AM

punters and kickers are always kind of weird guys...

**bigboydan** · 08-09-07, 01:58 AM

Anyone else remember this story. Well, heres an update on it:

Jury deliberating in former Northern Colorado punter stabbing case asks judge about 'intent'

GREELEY, Colo. (AP) -- Jurors in the trial of a college football player charged with trying to kill a rival interrupted their deliberations Wednesday to ask the judge a question about "intent to cause death."

About one hour later, the jury left for the day without reaching a verdict.

Mitch Cozad, a former backup punter at Northern Colorado, is charged with attempted first-degree murder and second-degree assault in an attack on the starter, Rafael Mendoza. Prosecutors said it was a bid to get the starting job.

Jurors got the case Wednesday morning. Shortly after 4 p.m. they sent District Judge Marcelo Kopcow a note asking, "Does intent to cause death need to be present or can it come later?"

After conferring with attorneys for both sides, Kopcow sent the jury a reply that did not directly answer their question: "The court has supplied the jury with all the applicable law you must apply in reaching your verdict."

Cozad had been stoic throughout most of the trial but appeared shaken after Kopcow announced his response and left the courtroom. The jury was not present.

"He's scared to death," defense attorney Joseph "Andy" Gavaldon said. "He has dreams and mountains to climb."

Prosecutors portrayed Cozad as an ambitious but frustrated athlete who could not find any way to break out of his backup role other than stabbing Mendoza in his kicking leg.

Defense attorney Joseph Gavaldon argued Cozad was a gentle and laid-back student from Wheatland, Wyo., who wouldn't resort to a knife attack. Gavaldon claimed another student stabbed Mendoza.

Cozad, who did not testify, could face up to 48 years in prison if convicted of both counts.

Mendoza was attacked last Sept. 11 outside his apartment in Evans, a small town adjacent to Greeley. He was left with a deep gash in his kicking leg but later returned to the team.

He testified he could not see who attacked him.

Just before the trial was recessed for the day, Mendoza and approximately 15 family members filed into the courtroom. They listened as Kopcow dismissed the jury until Thursday.

"My family has been very supportive of me," Mendoza said.

Former University of Northern Colorado backup punter Mitch Cozad looks on as his attorneys, Joseph "Andy" Gavaldon, right, and Andrea Hall, front, talk about a jury question at the courthouse in Greeley, Colo., on Wednesday, Aug. 8, 2007. A jury began deliberating the fate of Cozad on Thursday, who is on trail for attempted first-degree murder and second-degree assault in the stabbing of Northern Colorado punter Rafael

Mendoza spent the day by going to class in the morning and then having a barbecue with friends and relatives at his house in Thornton.

The 22-year-old Mendoza spoke to reporters outside the court building as he left. He was asked if he had any questions about who attacked him.

"It depends on what the jury says," Mendoza said. "If they come back with the guilty verdict, it had to be him. If not, he (the attacker) is still out there and we'll go from there."

Mendoza then quickly headed off for the first day of Northern Colorado football practice.

"Last season, it was tough for me to sleep, go to school," Mendoza said. "As soon as I stepped on the football field, my whole mind cleared and I had nothing going on in my mind other than my teammates and playing football."

Gavaldon said he had to take his client out for walks around the building every once in a while as they waited for the jury to come back with a verdict. Cozad briefly sat on a bench outside the courtroom with his fiancee, Michelle Weydert. He picked up a newspaper and read the cover story on Barry Bonds' record-breaking 756th career home run.

In her closing statement, prosecutor Michele Meyer said Cozad would do anything to play football.

"No matter how hard he tried on the football field he could not compete with Mr. Mendoza at his skill level. And the only option was to take it off the field, and that's what he did," Meyer said.

"He tried to kill him. Swiped at him twice, couldn't get him, so he stabbed him in the back of the leg," she said.

In his closing statement, Gavaldon said it was Kevin Aussprung who attacked Mendoza.

Aussprung, who testified in the trial, adamantly denied he was the attacker. He said Cozad had offered him money to accompany him and watch over his car outside Mendoza's apartment the night of the attack. Aussprung said Cozad did not tell him what happened, and he did not ask.

"(Aussprung) pulled the wool over the district attorney's eyes, because he's not charged," Gavaldon said. "The issue in this case is if Mr. Cozad stabbed Rafael Mendoza, there is reasonable doubt."

**linebacker** · 08-10-07, 07:42 PM

gas him

**bigboydan** · 10-02-07, 10:33 PM

They didn't gas'um like you wanted linebacker, but they did give me 7 years.

Heres the story on the final chapter on this story for those who have followed it.

Ex-Northern Colorado punter Cozad sentenced to seven years

REELEY, Colo. -- A judge sentenced former Northern Colorado backup punter Mitch Cozad to seven years in prison Tuesday for stabbing a rival in what prosecutors said was a brutal attempt to take over the starter's role.

"Clearly, this was deliberate to hurt him, and you succeeded," Weld County District Judge Marcelo Kopcow told Cozad as he announced the sentence.

"The goal is to not ruin your life," Kopcow said. "I would like you to succeed in your life."

Prosecutors said Cozad ambushed starting punter Rafael Mendoza on the night of Sept. 11, 2006. Mendoza was left with a deep gash in his kicking leg but later returned to the team.

Cozad was convicted in August of second-degree assault but acquitted of the more serious charge of attempted first-degree murder.

Cozad, 22, of Wheatland, Wyo., could have faced up to 16 years in prison on the assault conviction.

He spoke briefly Tuesday, thanking family and friends for their support and then offering an apology.

"I am very sorry to everyone for any pain and suffering you've endured. My hopes and prayers are to Mr. Mendoza and his family that they don't suffer anymore as a result of this ordeal," he said.

At the trial, Mendoza testified he could not see who attacked him in the dimly lighted parking lot. The assailant was dressed in black from head to toe and had a hood cinched up so only the eyes were visible.

Defense attorney Joseph "Andy" Gavaldon had argued it was another university student who stabbed Mendoza, not Cozad.

Before Cozad was sentenced, prosecutors called four people Tuesday to make statements, including Mendoza and his mother, Florence.

Rafael Mendoza said he was convinced Cozad wanted to kill him.

"Even though he wasn't convicted of it, his intentions were clear," Mendoza said, fighting tears. "I'll never forget that. I've spend long nights since then waking up in a cold sweat, having nightmares, thinking I was going through that again."

"No matter how much time you give Mitch, it won't be enough," she said. "I don't believe he'll ever change. I don't know him as well as I thought. I'm suggesting you give him as much time as possible. I've been in fear way too long."

Mendoza's mother also asked Kopcow to give Cozad the maximum sentence.

Mendoza later said he thought Cozad's apology rang hollow.

"I think it might have been what his lawyer told him to say," Mendoza said. "It seems scripted. He might feel something, but there was no reaction from him when he was convicted."

Before issuing sentence, Kopcow urged Cozad face up to his actions.

"I hope one day you do take responsibility, if you haven't done so already, and not be deceitful to yourself or to your family and friends regarding your involvement in this case," Kopcow said.

"It snowballs because of your actions in this case -- your family and friends, his family and friends are all so deeply affected by your actions," Kopcow continued. "I am not going to speculate as to your motive -- whether your motive was to advance your football career. If that in fact was your motive, that is a sad state of affairs for this community," he said.

Gavaldon said his client still planned to appeal.

"He's doing well under the circumstances -- as well as a 22-year-old who now knows that he's sentenced to the department of corrections for a significant period of time," Gavaldon said. "It's difficult."

Cozad's fiance, Michelle Weydert, wept as he was brought into the courtroom and blinked back tears after he made his statement.

"He's the blessing of my life," she said afterward. "I love him, and I'll always support him. That's from my heart. I know many families have been affected by this event. I pray for a better day every day for everyone."