The 40-year-old Colorado man who pleaded guilty in a road rage shooting near Gunbarrel in 2021 was sentenced to 16 years in prison Friday.
David Joseph Waters pleaded guilty in November to attempted second-degree murder and possession of explosives or incendiary parts, with attorneys agreeing Waters would be sentenced to between 10 and 30 years in the Colorado Department of Corrections.
On Friday, Boulder District Judge Robert Gunning sentenced Waters to 12 years on the attempted murder count followed by four more years for the incendiary charge for a total of 16 years.
Waters will receive credit for 459 days of time served.
According to a release, Boulder County sheriff’s deputies responded to a call at 6:50 a.m. on Nov. 24, 2021, in the area of North 75th Street and Heatherwood Drive after a caller said he was driving in a through-lane and passing Waters in a turn lane when Waters shot at him with a handgun.
Deputies found a bullet hole in the passenger door of the caller’s truck and the bullet lodged in the door.
“The only reason (Waters) didn’t kill the driver of the other vehicle when he fired a gun into that vehicle is because Mr. Waters got lucky,” Boulder Deputy District Attorney Kelsey Waldorf said in asking for a 20-year sentence.
Detectives who searched Waters’ vehicle and home found a large cache of firearms, ammunition and tactical gear in the house. They also found suspected bomb-making materials, and called in the Boulder County Regional Bomb Squad to secure the scene and investigate further.
Waldorf also expressed concern over the amount of weapons found, some of which were found after Waters was released on bond and told he could not be in possession of weapons.
“The amount of firearms and tactical equipment in that house was staggering,” Waldorf said.
But defense attorney Eric Zale noted that the firearms found prior to Waters being on bond were legal and should not be held against Waters.
As for the shooting, Zale said Waters was driving home from an overnight shift and “he was tired, he was on edge, he was frazzled and he had a lot on his mind.”
Zale also noted Waters was the victim of a road-rage incident himself in the past, and upon seeing a vehicle behind him said Waters became anxious and then blacked out during the shooting.
“That doesn’t make it right and I’m not trying to say that it does, but what it does do is explain the fear and the anxiety and the mental illness that led up to that,” Zale said.
Zale asked for the minimum of 10 years.
“It’s not a slap on the wrist, it is not getting off easy, it is a substantial amount of time,” Zale said. “I understand the seriousness, and Mr. Waters does as well.”
Gunning said he also weighed he input of a pre-sentence report, which recommended 15 years in prison. He acknowledged Waters had no prior felony convictions, had family support and was taking responsibility. But he also noted the serious nature of the case.
“Mr. Waters, you could have killed (the victim) in this case that day,” Gunning said. “Fortunately that didn’t happen, but I have to take that into account.”
Waters apologized to the victim, who was not at the hearing and did not appear to be listening remotely.
“I deeply regret with all of my being the mistake I have made,” Waters said. “I’m here today because I understand I need to take responsibility for my actions.”
Waters said he knows and understands he will need to forfeit all of his weapons, and said he was focused on “paying my dues to society.”
“I do understand that when things like this happen it impacts everyone in the area,” Waters said. “That’s why I’m here today, to put actions to my words and take responsibility. I did something very wrong, the only thing I can do that’s right is take responsibility and serve my punishment. I will not stop working to better myself and my community. I accept that in this case, I know that means dealing with this major setback.”
The victim was not present at Friday’s hearing but submitted an impact statement. Prosecutors said he was in support of the plea agreement.
“This felony conviction and sentence reflects the seriousness of the defendant’s conduct,” Boulder District Attorney Michael Dougherty said in a statement. “Although no one was injured, the defendant’s actions could have had tragic consequences. Deputy District Attorney Kelsey Waldorf and the Sheriff’s detectives did an excellent job on this case and secured the right outcome for the victim and our community.”
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