Man sentenced to life in prison after Link Lane killing; defense calls sentence unfair

The man found guilty of felony murder in the killing of another man on Link Lane in Fort Collins has been sentenced to life in prison without parole.

In December, a jury found Efren Almeida guilty of three charges — felony murder, tampering with physical evidence and attempted robbery — related to the killing of 38-year-old Timothy Bryant at a warehouse on Link Lane, where Bryant worked, in January 2020.

Almeida was found not guilty of three other charges, including first-degree murder.

A guilty verdict of felony murder means the jury found he was involved in Bryant's killing while committing certain other felonies — in this case, while attempting a robbery.

Judge Michelle Brinegar was required to sentence Almeida to life in prison without the possibility for parole Thursday — the mandated sentence for a Class 1 felony — despite arguments from the defense calling the sentence unfair and unconstitutional.

In April 2021 — after Almeida was charged but before he was found guilty — the Colorado legislature changed the penalty of felony murder from a Class 1 felony to a Class 2 felony, which lessens the required sentence to life without the possibility of parole to life with the possibility of parole.

Because Almeida was charged before the law change, his felony murder charge was still classified as a Class 1 felony.

Defense attorney James Merson argued that the jury rejected testimony from Almeida's co-defendant, Nicole Gibson, who said Almeida killed Bryant; they found Almeida not guilty of first-degree murder.

"All of the things Ms. Gibson accused him of, the jury rejected," Merson said in a statement after the hearing.

A felony murder conviction does not implicate him as the killer, Merson argued, but as someone involved in committing a felony — in this case, attempted robbery — in which Bryant was killed.

Gibson testified against Almeida during his trial as part of a plea agreement she accepted in September. Gibson agreed to plead guilty to conspiracy to commit murder and was sentenced to 24 years in prison. She originally faced the same charges as Almeida.

The jury's verdict finding Almeida guilty of felony murder but not first-degree murder "shows that the jury believed Ms. Gibson killed Mr. Bryant," Merson argued in court during Thursday's sentencing.

A felony murder charge can also be filed against a person who is present while a felony is being committed and another person is killed in the process. The legislation change came about last year to prevent people who didn't commit the murder from being sentenced as if they did.

Merson previously argued that even though the legislation change was not retroactive and passed after Almeida had been charged with felony murder as a Class 1 felony, a sentence to life in prison without the possibility of parole for the felony murder charge is unconstitutional and is cruel and unusual punishment.

But Brinegar ruled in a previous hearing that the legislation cannot be applied retroactively, so the only sentence she could legally impose is life in prison without the possibility of parole.

"I think it's extremely unfair the way this all shook out," Merson said in court Thursday.

'The system has failed us both'

Almeida maintained his innocence while making a statement to Brinegar prior to sentencing, claiming many factors unjustly played out against him during the case.

"As a God-fearing man, I would never wrongfully take the life of another," Almeida said. "... I do not believe the role that I played is deserving of a life sentence."

He said he was concerned from the start of his case that media attention would make it impossible for him to have a fair trial in Larimer County, but his requests for holding the trial in a different jurisdiction were never considered. He said he had ineffective assistance of counsel on multiple occasions and was never given access to review all of the evidence in his case.

"I wish things had been handled differently. ... Not once was I asked to share my side of the story," Almeida said. "... The system has failed us both (him and Bryant) at bringing justice to the atrocities at hand."

Almeida told the court he would "fight for my freedom."

At the end of the sentencing hearing, defense attorney Eric Zale requested Brinegar appoint the public defender's office to represent Almeida in any future appeals. Brinegar approved the request, barring any conflicts of interest that may arise during the appeal process.

The public defender's office did not represent Almeida in this case because they were already representing Gibson, which was deemed a conflict of interest.

While sentencing Almeida, Brinegar said it's possible this "will not be the end of this case."

Sister remembers Bryant as brave, kind-hearted

In the prosecution's sentencing argument, Deputy District Attorney Laura Hinojos compared Gibson's actions after Bryant was killed with Almeida's to highlight how Gibson cooperated with investigators.

Gibson turned herself in to police, showed investigators evidence and agreed to testify against Almeida. Hinojos accused Almeida of threatening to kill Gibson and said he destroyed evidence, illegally possessed a gun and evaded arrest.

Hinojos also read a letter from Bryant's sister, who said she was sorry Bryant never had the chance to get married or have children. They had a difficult childhood, from adoption to foster care, but his sister wrote that Bryant was brave, "the best brother" and "would do anything for me."

She wrote that Bryant had "a good heart" and always looked out for her.

"I thought you were invincible," Hinojos read from the letter.

In a statement to the Coloradoan, District Attorney Gordon McLaughlin thanked prosecutors and investigators for their work in bringing about justice and closure in this case.

"This was a difficult and complex case, but our office, along with the Sheriff's Office, worked tirelessly to solve, prosecute, and ensure accountability," McLaughlin wrote in an email statement Thursday afternoon. "I hope that the sentence today will help provide some closure and solace to the victim's family."

Sady Swanson covers public safety, criminal justice, Larimer County government and more throughout Northern Colorado. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today.

This article originally appeared on Fort Collins Coloradoan: Man gets life in prison in Fort Collins murder case