Summary
This is a developing story. FLOODLIT is looking for information about McConkie’s history of service in the Mormon church. If you know anything about this case, please contact us directly or add information on this page.
Paternal grandson of Mormon apostle Bruce R. McConkie; Bruce’s brother Oscar McConkie was a founding partner of LDS church law firm Kirton & McConkie.
According to court documents, McConkie confessed to an LDS leader in 2008.
In 2016, McConkie became a stake president.
2024-07-01 – Trial is expected to begin in August 2024.
2024-03-16 – Motions hearing is scheduled in case #D212023CR3809 in El Paso County, Colorado for April 19, 2024.
2024-02-07: Pleaded not guilty.
2023-11-20 – preliminary hearing waived; McConkie was permitted to move to Utah.
FLOODLIT.org contacted the Research Department at the El Paso County Combined Court – Fourth Judicial District in Colorado Springs, Colorado on September 23, 2023, requesting copies of all available public records in McConkie’s case. We will update this page if and when we get a response.
Colorado – El Paso County – court case number: D212023CR3809
David McConkie was a former Mormon stake president and deputy district attorney in Colorado. He was accused in 2023 of child sex abuse that allegedly took place between 2004 and 2013.
In approximately 1997 to 1999, McConkie went on a full-time LDS church mission to Cochabamba, Bolivia.
From December 2016 to November 2021, McConkie was an LDS stake president of the Colorado Springs East Stake, according to reports in the LDS-owned Church News.
McConkie once was a Mormon ward young men’s president. He also was a bishopric counselor who was assigned to work with young men in the early 2010s.
McConkie also served as a Boy Scout leader, according to his LinkedIn profile.
On September 17, 2023, members of a ward in the stake of which McConkie had been president received an email from their bishopric. FLOODLIT.org has obtained a copy of that email. It states:
—
[REDACTED] Ward
Sisters and Brothers,
You may have seen in the news that a member of our stake was arrested a couple of weeks ago. We don’t have any additional details. This may be a challenging situation for you for a variety of reasons.
As you handle this information we encourage you to follow the Savior’s example by showing kindness. We invite you to not gossip, to respect the privacy of all parties, to pray for those involved, to not speculate, and to be patient as the legal process unfolds.
If you would like to discuss any aspect of this news in more detail please contact Bishop [REDACTED].
Warmly,
The [REDACTED] Bishopric
—
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Donate »Facts
- Criminal: Ongoing,
- Civil: No civil case,
- Positions: Bishop, Bishopric counselor, Missionary, Scout leader, Stake president, Youth leader,
- Alleged crime: 2000s, 2010s, in Colorado,
- Crime scenes: Perpetrator's home, Victim's home,
- Victims: Multiple victims,
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Born: 1978
- AKA Bishop McConkie, President McConkie
- Mission: 1997-1999 Bolivia Bolivia Cochabamba
- Locations: Bolivia, Colorado, Utah,
Sources
- New stakes,
- New stake presidents,
- David G. McConkie - Partner,
- Former El Paso County Deputy District Attorney accused of sexually assaulting a child for 9 years,
- A Former Deputy District Attorney for the 4th Judicial District arrested,
- Former deputy district attorney appears in court in child sexual assault case,
- Arrest papers obtained for former Colorado deputy district attorney accused of child sexual assault,
- Former deputy district attorney accused of sexual assault confessed an inappropriate act to a church leader,
- Court documents detail new ‘concerns’ against former Deputy DA accused of sexually assaulting a child,
- Preliminary hearing waived for former deputy district attorney accused of child sexual assault,
- Former Colorado Springs deputy district attorney, church leader declines plea deal on child sex assault charge,
- Former Colorado Springs deputy DA, church leader's child sexual assault case moves slowly,
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1. New stakes
[Excerpt]
COLORADO SPRINGS EAST STAKE: (Dec. 11, 2016) President — David George McConkie, 39, attorney;
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2. New stake presidents
[Excerpt]
COLORADO SPRINGS EAST STAKE: (Nov. 21, 2021) President — [REDACTED], 47, Comfort Dental Falcon Hills dentist and partner; succeeding David G. McConkie;
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3. David G. McConkie - Partner
Biography
David G. McConkie was born and raised in Colorado Springs, Colorado. He graduated in 2002 from Brigham Young University with a bachelor’s degree in saxophone performance. Before entering George Mason University School of Law in Washington, D.C., Mr. McConkie worked as a saxophonist, and later, as a legislative assistant with two of Colorado’s United States Senators.
In law school, Mr. McConkie received the Bendheim and Murphy scholarships and served as Articles Editor on The Journal of Law, Economics & Policy. He worked as a law clerk with Carey & Allende, a law firm in Santiago, Chile, and with several United States government agencies, including the Department of Justice, the Judiciary Committee of the United States Senate, and the White House. Before returning to Colorado, Mr. McConkie worked in The Hague, Netherlands, assisting a practice group with representation of the Ethiopian government before an international claims commission.
Mr. McConkie was admitted to the Colorado Bar in 2008 and served as Deputy District Attorney in Colorado’s Fourth Judicial District from 2008 to 2011. As a prosecutor, Mr. McConkie managed all aspects of heavy misdemeanor and felony caseloads. He joined a private civil litigation practice in 2011 and has helped build Torbet Tuft & McConkie as a trial and litigation law firm.
Mr. McConkie has brought disputes to resolution in over 75 jury trials, bench trials or arbitration proceedings, including multiple seven-figure and high-level felony disputes. While he particularly enjoys trial, he has more commonly helped clients obtain favorable outcomes through negotiation, litigation, and mediation in hundreds of business, real estate (including construction defect), personal injury, employment and bankruptcy matters. He is admitted to practice before the U.S. District Court, District of Colorado, and he is a member of the Colorado and El Paso County Bar Associations. Mr. McConkie is fluent in Spanish and enjoys helping his Spanish-speaking clients.
Mr. McConkie and his wife, a cellist, have five children. In his spare time he serenades them with jazz riffs, lugs them to the tops of Colorado’s mountains, and cheers them on as coach and fan of their sporting feats.
Practice FocusLitigation, Business, Real Estate, Personal Injury, Bankruptcy
AwardsAvvo Rating: Excellent
2016 Top 40 Lawyers Under 40 in Colorado – Litigation – American Society of Legal Advocates
2015 Martindale-Hubbell Client Distinction Award
2015 Avvo Client’s ChoiceContact
David G. McConkie: mcconkie@torbetlaw.com
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4. Former El Paso County Deputy District Attorney accused of sexually assaulting a child for 9 years
COLORADO SPRINGS, Colo. (KRDO) - A former deputy district attorney in southern Colorado is accused of sexually assaulting a child for nearly a decade.
According to court records, 45-year-old David George McConkie faces the charges of sexual assault on a child by someone in a position of trust. Court records indicate these alleged assaults happened from 2004 to 2013.
13 Investigates confirmed with the 4th Judicial District Attorney's Office that McConkie was a former Deputy District Attorney from 2008 to 2011.
McConkie was arrested on Aug. 30. He was released on a $100,000 cash/surety/property bond.
Based on a previously published biography from Torbet & Tuft, as a prosecutor Mcconkie managed all aspects of heavy misdemeanor and felony caseloads. It appears he was also a partner at Torbet & Tuft after his time with the 4th Judicial District Attorneys office.
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5. A Former Deputy District Attorney for the 4th Judicial District arrested
A former deputy district attorney for the 4th judicial district is under arrest for alleged child sex assault. On August 29th, David McConkie was arrested and charged with sexual assault on a child. According to records, the alleged assaults happened between 2004 and 2013. Our partners at KKTV spoke with McConkie’s lawyer, Josh Tolini, who says “Mr. McConkie wants the truth to come out and is confident his name will be cleared once it does.” Most recently, McConkie worked with Torbet, Tuft, and McConkie law firm. He worked for the 4th judicial district from 2008 to 2011.
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6. Former deputy district attorney appears in court in child sexual assault case
A former deputy district attorney appeared in court Monday on a felony charge of sexually assaulting a child.
David George McConkie was arrested Aug. 29 on suspicion of sexually assaulting a child, according to the Colorado Springs Police Department. He was a person of trust in the relationship, according to court documents. His bond was set at $100,000. He posted bond on Aug. 30, court records show.
The specifics of his alleged actions were not discussed during the brief hearing Monday that covered a request to change a protection order involving children and a pending request to restrain public access. Senior Deputy District Attorney Kelson Castain said he would object to restraining public access to the proceedings.
El Paso County Magistrate Hilary Gurney did not rule on any of the issues.
McConkie was a deputy district attorney for the 4th Judicial District in Teller and El Paso counties from 2008 to 2011, the district confirmed.
Court records show McConkie is facing one class three felony charge for sexual assaulting a child from 2004 to 2013.
Most recently, he worked as a partner for Torbet, Tuft and McConkie, according to his LinkedIn Page [https://www.linkedin.com/in/david-mcconkie-a457392/]. The firm handles cases such as bankruptcy, civil litigation and personal injury cases, among others.
The firm has removed mentions of McConkie from its website and it is now listed as Torbet and Tuft.
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7. Arrest papers obtained for former Colorado deputy district attorney accused of child sexual assault
COLORADO SPRINGS, Colo. (KKTV) - 11 News obtained a redacted copy of the arrest papers for David McConkie on Friday, which detail the allegations against the former deputy district attorney for El Paso and Teller counties.
David McConkie is charged with sexual assault on a child by one in a position of trust with a pattern of abuse, a felony.
The lawyer who was defending McConkie as of September 15th, Joshua Tolini, now tells 11 News he no longer represents McConkie. Tolini would not comment on why he is no longer working McConkie’s case, and says he filed a motion to seal McConkie’s arrest affidavit in mid September. Tolini provided a copy of the motion, but 11 News had already received the redacted arrest affidavit through a standard records request with El Paso County courts.
The arrest papers detail accusations of assault from one victim over several years, from infancy lasting at least until that victim was a pre-teen.
According to the arrest affidavit, the victim told investigators about repeated inappropriate touching by McConkie, which persisted at times when the victim says they asked him to stop. The same documents state, the victim told investigators some of the abuse happened when they would sleep next to McConkie up until the age of 11 or 12. Also mentioned in the same papers, the victim reported forceful kissing and hugging by McConkie.
One of the people interviewed by investigators and mentioned in the arrest affidavit has ties to a church, according to the documents. That person told investigators McConkie allegedly confessed in 2008, and that it was, “normal for members of the church to confess to wrongdoings.”
McConkie reportedly said on a recorded phone call, some of the actions he’s accused of were accidental. Again, this is all according to arrest papers.
McConkie served as Deputy District Attorney in Colorado’s 4th Judicial District from 2008 to 2011. He went on to private practice, but the firm he was with told us they recently cut ties with McConkie.
McConkie is next due in court Wednesday, Sept. 27.
Given the nature of this case, KKTV 11 News is choosing to share the Colorado Child Abuse and Neglect Hotline, 844-CO-4-Kids, which is available 24/7.
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8. Former deputy district attorney accused of sexual assault confessed an inappropriate act to a church leader
Colorado Springs police started an investigation in July into a former deputy district attorney and local Mormon church leader accused of sexual assault on a child following a referral by the Department of Human Services, according to police documents.
David McConkie, 45, a former president of the Colorado Springs East Stake within the The Church of Jesus Christ of Latter-day Saints was arrested in late August on a felony charge of abusing a child between 2004 and 2013.
One victim, now 19, told police about abuse spanning several years and concerns she has that he is abusing another young child based on the child's behavior, the arrest affidavit said.
The affidavit also said McConkie confessed an inappropriate sexual act with a child to a church leader in 2008. The person who spoke with police about the confession said he was shocked but he did not ask many clarifying details about it.
The police document did not say what steps, if any, the person McConkie confessed to taking. The name of the person he confessed to was redacted in the documents.
McConkie was a deputy district attorney for the 4th Judicial District from 2008-2011 and went into private practice after that as a partner in a local law firm.
He was president of the Colorado Springs East Stake between 2016 and 2021, online church announcements about local leadership show. A stake president oversees church activities and ward leaders and typically serves for nine years.
McConkie is scheduled to appear in court Wednesday.
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9. Court documents detail new ‘concerns’ against former Deputy DA accused of sexually assaulting a child
COLORADO SPRINGS, Colo. (KRDO) -- A former deputy district attorney in Southern Colorado charged with sexually assaulting a child could have assaulted another victim, according to court documents obtained by 13 Investigates.
In court Wednesday, 13 Investigates learned David McConkie, accused of sexually assaulting a child multiple times from 2004 to 2013, tried to seal court documents that describe him inappropriately touching the victim. The victim, who is now an adult, also said he would forcefully kiss and hug her. She claims he “treated her differently and would comment on her beauty often.”
According to the arrest document, McConkie said he “accidentally, unwittingly, unconsciously” touched her.
In the interview with police, the woman “expressed concerns” McConkie was sexually assaulting another child.
In an interview with a Department of Human Services caseworker, the other child McConkie is accused of sexually assaulting said McConkie asked her if she wanted to play a game but didn’t remember what the game was about. When the caseworker asked if she didn’t remember or if it was hard to talk about, the girl responded, “it is hard to talk about,” according to the arrest documents.
13 Investigates confirmed with the 4th Judicial District Attorney's Office that McConkie was a former Deputy District Attorney from 2008 to 2011. In 2008, around the same time McConkie started as a Deputy DA, he confessed to a church leader about an inappropriate act, according to court documents.
Police interviewed the church leader, according to court documents. He told police McConkie told him he “did not know why he did it, but that it only happened one time.” The church leader said the “confession shocked him, but he didn’t ask many clarifying details about it.” He told police it was normal for church members to confess to wrongdoings.
It’s unclear what the church leader did with the information McConkie confessed, if anything. According to Church News, the official publication of the Church of Jesus Christ of Latter-day Saints, McConkie became president of the Colorado Springs East Stake in 2016.
13 Investigates reached out to both the Colorado Springs East Stake and the headquarters of the Church of Jesus Christ of Latter-day Saints in Salt Lake City, Utah, about McConkie’s standing in the church, but we never heard back.
McConkie's attorney told 13 Investigates the former deputy DA is going through a divorce with his wife. He said the allegations of child sex assault didn't come to light until one month before the divorce was finalized.
McConkie is scheduled to be back in court in November.
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10. Preliminary hearing waived for former deputy district attorney accused of child sexual assault
The former deputy district attorney and local Mormon church leader accused of sexual assault on a child had a request granted Monday afternoon to move to Utah.
David McConkie, 45, a former president of the Colorado Springs East Stake within the The Church of Jesus Christ of Latter-day Saints appeared in court Monday afternoon for a preliminary hearing, which was waived at the request of his attorney, Colin Bresee.
Bresee informed the court that their investigation remains "ongoing," and requested an arraignment date in 2024 to allow for as much time as possible.
Prosecutor Kelson Castain did not object to the defense request, informing the court that additional time would also be beneficial to the prosecution as they have "ongoing negotiations" with the defense.
Prior to the conclusion of the hearing, Judge Erin Sokol granted a defense request for McConkie to move to Utah, but did so with the requirement that McConkie would still be required to appear in person for some future court dates in El Paso County.
McConkie is scheduled to return to court on Jan. 31, 2024, for his first arraignment hearing, he appeared to court on Monday out of custody after posting a $100,000 bond to be released from custody the day of his arrest in August.
McConkie faces one charge of sexual assault on a child from a person in a position of trust after one victim, now 19, told police about abuse spanning several years and concerns she has that he is abusing another young child based on the child's behavior, an arrest affidavit for McConkie said.
Previous reporting from The Gazette details that the affidavit also said McConkie confessed an inappropriate sexual act with a child to a church leader in 2008. The person who spoke with police about the confession said he was shocked but he did not ask many clarifying details about it.
The police document doesn’t detail if the person McConkie confessed to reported the incident. The name of the person he confessed to was redacted from the documents.
McConkie was a deputy district attorney for the 4th Judicial District from 2008-2011 and went into private practice after that as a partner in a local law firm.
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11. Former Colorado Springs deputy district attorney, church leader declines plea deal on child sex assault charge
The former deputy district attorney and Colorado Springs Mormon church leader accused of sexual assault on a child pleaded not guilty in court on Wednesday morning despite a plea deal offer from the prosecution that would have kept him out of jail.
David McConkie, 45, a former president of the East Stake within The Church of Jesus Christ of Latter-day Saints, was in plea negotiations with the prosecution since November, when his attorney, Colin Bresee, waived a preliminary hearing.
On Wednesday, Bresee informed Judge Erin Sokol that the attorneys failed to reach an agreement, and that McConkie would be entering a not guilty plea.
McConkie faces one charge of sexual assault on a child by a person in a position of trust after one victim, now 19, told police about abuse spanning several years and concerns she had that he was abusing another young child based on the child's behavior, an arrest affidavit for McConkie said.
Judge Sokol set McConkie's trial to begin on May 28. Bresee said he expects the trial to last about two weeks.
Prosecutors stated to the court that a plea deal remains a possible conclusion to McConkie's case despite the not guilty plea.
The prosecution said a plea deal offered to McConkie on Tuesday would see him plead guilty to one count of attempted sexual assault against a child, a Class 5 felony, and that offer would remain open until early March. If McConkie were to accept the offered plea deal the prosecution stated he would be sentenced to a term of sex offender intensive supervised probation (SOISP), with no jail time.
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Previous reporting from The Gazette details that, according to the affidavit, McConkie admitted to an inappropriate sexual act with a child to a church leader in 2008. The person who spoke with police about the admission said he was shocked, but he did not ask many clarifying details about it.
The police document doesn’t detail if the person McConkie confessed to reported the incident. The name of the person he confessed to was redacted from the documents.
McConkie was a deputy district attorney for the 4th Judicial District 2008-2011 and went into private practice after that as a partner in a local law firm.
McConkie appeared to court virtually for Wednesday's hearing after posting a $100,000 bond to be released from custody in August. Sokol additionally granted a defense motion for McConkie to move back to Utah in November.
If no plea deal is reached, attorneys will return to court on April 19 for a motions hearing.
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12. Former Colorado Springs deputy DA, church leader's child sexual assault case moves slowly
The case for the former deputy district attorney and Colorado Springs Mormon church leader accused of sexual assault on a child remains "status quo," his defense attorney said at a court hearing Wednesday.
David McConkie, 45, a former president of the East Stake within The Church of Jesus Christ of Latter-day Saints, appeared in court virtually via Webex for a hearing Wednesday morning.
McConkie is scheduled to go to trial this summer after having two trial dates in 2024 postponed.
Originally, McConkie was scheduled to go to trial May 28, but that trial date was vacated and pushed to Aug. 26. The August trial date was vacated and pushed to the now-vacated Oct. 8 trial date. His attorney, Colin Bresee, informed the court that there were no expected delays at the moment, and that things continue to move toward a June 9 trial date.
At McConkie's hearing [https://gazette.com/news/courts/former-colorado-springs-deputy-district-attorney-church-leader-declines-plea-deal-on-child-sex-assault/article_c3721d14-c5dd-11ee-b85e-5fcd5c66041f.html] where he pleaded not guilty to the sexual assault charge, prosecutors said McConkie and his attorney declined a plea deal.
The prosecution said the offer to McConkie would have had him plead guilty to one count of attempted sexual assault against a child, a Class 5 felony, and that the offer would remain open until early March. The deal would have seen McConkie sentenced to a term of sex-offender intensive supervised probation with no jail time.
McConkie faces one charge of sexual assault on a child by a person in a position of trust. The charge came after one victim, now 19, told police about abuse spanning several years and concerns she had that he was abusing another young child based on the child's behavior, an arrest affidavit for McConkie said.
The Gazette previously reported [https://gazette.com/news/courts/former-deputy-district-attorney-accused-of-sexual-assault-confessed-an-inappropriate-act-to-a-church/article_3216a93c-598d-11ee-b368-b7e469662a57.html] that, according to the affidavit, McConkie admitted to an inappropriate sexual act with a child to a church leader in 2008. The person who spoke with police about the admission said he was shocked, but he did not ask many clarifying details about it.
The police document doesn’t detail whether the person McConkie confessed to reported the incident. The name of the person he reportedly confessed to was redacted from the documents.
McConkie was a deputy district attorney for the 4th Judicial District from 2008-2011 and went into private practice after as a partner in a Colorado Springs law firm.
McConkie's next hearing is a review on March 12 regarding subpoenas, but a two-day motions hearing is scheduled to begin a few weeks after on April 7. Breese said in a prior court hearing that the outcome of the motions hearing could result in a "much longer trial."
Judge Erin Sokol has just over two weeks scheduled for trial.
McConkie has been out of custody and living in Utah since posting a $100,000 bond shortly after his arrest in 2023.
Documents
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Criminal case documents
FLOODLIT has a copy of a related probable cause affidavit, but it is not currently available for download. Please check back soon or contact us to request an copy.Civil case documents
We do not know of any related civil cases, so no related civil case documents exist. If you have information that suggests otherwise, please contact us.
