The sentencing hearing for Justin Bannan in his Boulder shooting case has been delayed yet again, this time because Bannan has tested positive for COVID-19.
Bannan, 42, was convicted in September of attempted first-degree murder extreme indifference, attempted second-degree murder, first-degree assault with a deadly weapon and first-degree assault extreme indifference.
He was scheduled for a sentencing hearing Tuesday, but according to a filing on Friday by defense attorneys, Bannan tested positive for COVID-19 while in custody at the Boulder County Jail and has had symptoms, meaning he will need to be isolated until at least the end of the month.
Boulder District Judge Norma Sierra granted the request to delay the sentencing hearing. A new date has not yet been set.
This latest setback follows two other delays requested by the probation department and then another delay prompted by one of Bannan’s attorneys testing positive for the virus.
According to police, Bannan used a handgun to shoot a 36-year-old woman in the arm on Oct. 16, 2019, at Black Lab Sports, 3550 Frontier Ave. The woman, later identified as Ashley Marie, was taken to Boulder Community Health’s Foothills Hospital with injuries that were not life-threatening.
According to an affidavit, Marie was unlocking her therapy room in the building when Bannan, who was already in the room, shot her in the shoulder while she was standing in the doorway.
Marie said she knew Bannan, but only because he was part-owner of the building and she would occasionally see him pass in the hallway. Bannan is listed as the co-founder of Black Lab Sports, but Marie worked for a company called Element 6 that operates inside the same building but is not a part of Black Lab Sports.
When police found Bannan at the scene, he was carrying a bag containing two loaded handguns, along with an extra magazine. They also found a rolled-up $20 bill coated with a white substance that tested positive for cocaine.
Bannan told police he “didn’t mean to shoot her,” and that he was just hiding in the room because the Russian mafia was after him and tracking his cellphone. He said he fired the gun only once and that it was an “accident.”
Bannan’s defense attorney during trial alluded to Bannan’s football career and the possibility of his client having chronic traumatic encephalopathy, commonly known as CTE.
Bannan played for the CU Buffs from 1997 to 2001 before being drafted by the Buffalo Bills in 2002. He spent 11 years in the NFL, including two stints with the Denver Broncos.
Marie has also filed a lawsuit against Bannan and Black Lab Sports in Boulder District Court to “be compensated for her medical bills, lost wages, and other serious damages.” That case is pending.