Balloon Boy | Attempt to Influence a Public Servant in Ft. Collins

Learn more about the criminal charges involved in the Balloon Boy case.
Learn more about the criminal charges involved in the Balloon Boy case.
Image Credit: Pixabay – 65294

In celebrating Fort Collins’ 150-year anniversary, The Coloradoan recently ran an article about the most notable crimes and cases in Fort Collins. One of those was about the infamous Balloon Boy. Everyone probably remembers the story. On October 15, 2009, Richard Heene and his wife, Mayumi, reported that their 6-year-old son was in a balloon floating over eastern Colorado. Panic ensued and heroic measures were taken to try and rescue the boy. However, it was later discovered his parents knew he was actually hiding in his home the entire time. While pondering this notorious event in Fort Collins history, it made me wonder: what crime did those parents actually commit? While False Reporting – C.R.S. 18-8-111 – is clearly applicable, the boy’s father pled guilty to a lesser known offense.

Attempt to Influence a Public Servant

Dad was charged with a felony and received the harsher of the punishments including 90 days in jail, four years probation, and 400 hours of community service after pleading guilty to Attempting to Influence a Public Servant. But what does this charge entail? Let’s break it down.

Attempt to Influence a Public Servant – C.R.S. 18-8-306 – is defined as:

Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant’s decision, vote, opinion, or action concerning any matter which is to be considered or performed by him or the agency or body of which he is a member, commits a class 4 felony.

Basically, the elements of this offense are-

Someone attempts to manipulate or influence a public servant to change:

  • A decision
  • A vote
  • An opinion
  • An action

By:

  • Lying
  • Threatening violence
  • Retaliating through finances

Balloon Boy’s Dad and His Charge

[pullquote align=”right” textalign=”right” width=”25%”]It’s about lying for a purpose.[/pullquote]

So, how did the courts apply this to Balloon Boy’s Dad? While I wasn’t there for the conversations, it seems that they would try to prove he attempted to manipulate the Fort Collins police to treat the situation as an emergency and call help from other agencies through the lie about his son. This got him and his family the popularity and recognition they so desired. This charge is really centered around motivation. It’s not just about lying or misrepresenting yourself to the police, or any other public servant. It’s about lying for a purpose.

 Arrested for Attempting to Influence a Public Servant? Why You Need a Lawyer

Attempting to Influence a Public Servant is a Class 4 felony in Grand, Boulder, and Larimer County, which can carry a possible jail or prison sentence. But, with an experienced lawyer on your side, your chances of serving Larimer County Jail or prison time drops drastically. Our lawyers fight hard to get you the best possible outcome for your case.

 If you or a loved one has been charged with Attempt to Influence a Public Servant, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at our convenient downtown Fort Collins location at 970-658-0007. Together, we can protect your future.