Kevin McGregor’s booking mug
Kevin McGregor's booking mug (Boulder County Jail)

More than two years before Kevin Michael McGregor was accused of fatally shooting a University of New Hampshire football player during a botched robbery on University Hill, he helped rob a man in south Boulder by stabbing the victim in the head, police reported.

He was convicted by a jury in that case of charges including second-degree assault and third-degree assault, and he was sentenced May 22, 2009, to five years in prison. But he asked for a sentence reconsideration 120 days later, and on Jan. 11, 2010, Boulder County District Court Judge Gwyneth Whalen agreed to allow McGregor to leave prison and instead serve a three-year probation sentence.

According to a police report from 2008, Angelo Goutos, Brandon Eckert and McGregor went to an apartment at 3795 Table Mesa Drive on Jan. 18, 2008, and assaulted Paul Osimo -- hitting him with a stun gun and stabbing him in the head.

McGregor admitted to police that he was with Eckert and Goutos the night of the robbery, but he said he stayed in the car until he saw the other men running out. At that point, McGregor told an investigator, he got out of the car and hit Osimo in the neck to protect Goutos.

According to court documents, McGregor's defense attorney Keith Pope argued that his client should be allowed to leave prison and finish his sentence in the community, in part because his co-defendants received less severe sentences. One was given 30 months in prison with the possibility of a sentence reconsideration, and the other was given probation.

Pope also argued that his client should be let out of prison because the Boulder County Probation Department recommended McGregor be sentenced to community corrections based on his minimal criminal history, stable employment history and need for substance-abuse treatment.

"The Probation Department further noted that Mr. McGregor had been compliant with the conditions of his bond prior to trial, had been attending community college and had expressed remorse for his involvement in this matter," according to a motion filed for McGregor's sentence reconsideration.

McGregor, who was 19 at the time, had not been a problem while in jail and prison, suggesting "amenability to community-based sentencing," according to the motion. And if McGregor stayed in prison, Pope argued, he would be "prone to victimization" because of his youth.

Pope declined to comment about his former client's release for this article.

District Attorney Stan Garnett said his office objected strenuously to McGregor's release from prison, but he was resentenced to probation last year with numerous conditions, including anger-management treatment, full-time employment or school, and no weapons, drugs or alcohol.

Family members supportive of McGregor's release wrote letters for the court at the time of his sentence reconsideration, saying he was a man with "very strong core values."

"His compassionate nature is really expressed when he deals with children and animals," McGregor's aunt Sandy McCallister wrote in an e-mail. "I know Kevin to be very responsible and trustworthy. Kevin understands the value of family and good friends and has always had a respectful, sensitive, happy nature."

Another aunt, Sue Petracek, wrote in an e-mail that she believed McGregor's eyes had been opened "to the pitfalls of some kinds of loyalty" through his recent experiences, and he was ready "to take responsibility for what he makes of his life going forward."

Police say McGregor confronted University of Colorado student Elizabeth Roach about 2 a.m. Friday in the 900 block of Pennsylvania Avenue and pointed a black semi-automatic weapon at her in a robbery attempt. Todd Walker, 20, tried to intervene, and police say McGregor shot him to death.