Summary

UPDATE May 8, 2025 on David McConkie Mormon Sex Abuse Case
McConkie accepts plea agreement, avoiding trial and likely staying out of prison.
David McConkie was a Mormon bishop (approximately 2013-16), stake president (2016-21) and deputy district attorney in Colorado Springs, Colorado.
In 2023, McConkie was arrested and charged with felony sexual assault on a child by someone in a position of trust.
Despite McConkie’s alleged confession to a Mormon church leader in 2008 that he sexually assaulted an infant in 2004, the church made him a bishop and a stake president from about 2013 to 2021.
In April 2025, McConkie proposed a plea deal to avoid prison time.
FLOODLIT has compiled a timeline of McConkie’s criminal case based on obtained court documents, news reports, and conversations with people familiar with the case.
Content warning: graphic descriptions of alleged child sexual abuse.
Note: The three alleged victims’ names – Charlotte (b. 2004), Grace (b. 2006), Sierra (b. 2017) – are pseudonyms. FLOODLIT wishes to protect their privacy and anonymity, and urges that readers avoid speculation about the nature of their relationships with McConkie. Suffice it to say that he allegedly occupied a position of trust in each of their lives.
1997 to 1999
- McConkie goes on a full-time LDS church mission to Cochabamba, Bolivia.
David McConkie (left) in Bolivia in 2018 with a former LDS mission companion (right) and two church members they taught and baptized in the late 1990s. (Source: The Church News)
June 2002
- McConkie graduates from Brigham Young University (BYU) in Provo, Utah with a bachelor’s degree in saxophone performance.
Harris Fine Arts Center (HFAC) at BYU-Provo
2004
- McConkie begins attending the Antonin Scalia Law School at George Mason University in Arlington, Virginia.
- Charlotte [pseudonym] is born. She is the first of three alleged victims of sexual assault or inappropriate treatment by McConkie. She later reports sleeping that McConkie sleeps with her sometimes at night until she is 12 years old.
Antonin Scalia Law School, George Mason University
Late 2004
- McConkie, 27, allegedly sexually assaults 6-month-old Charlotte [pseudonym], by “rubbing his penis on” her in a bathroom.
- Sometime after the incident, McConkie confesses to Charlotte’s mother, Crystal [pseudonym], that he “used [Charlotte] to masturbate on.” (source: 2023 arrest affidavit)
Excerpt from a police probable cause (PC) affidavit filed in 2023 in Colorado in David McConkie’s criminal case. Black rectangles are redactions by FLOODLIT to protect victims’ identities. White blank areas were previously redacted by the court after McConkie attempted unsuccessfully to have the entire affidavit sealed.
2005 to 2006
- McConkie works as a law clerk at the Office of Legislative Affairs, a legislative analyst at the US Senate Judiciary Committee, a law clerk at the White House Office of Administration, and a legislative assistant for two Colorado US senators.
2006
- Grace [pseudonym] is born. She is the second of three alleged victims of sexual assault or inappropriate treatment by McConkie. She later reports sleeping that McConkie sleeps with her sometimes at night until she is 11 years old.
US Senate floor
2007
- McConkie graduates from law school with a Juris Doctor (JD) law degree.
2008
- McConkie moves to Colorado and is admitted to the Colorado Bar.
- Jarom Rendon [pseudonym], 48, has recently been assigned to a Mormon church leadership position in the Colorado Springs ward or stake where McConkie attends church.
- McConkie allegedly confesses to Rendon that he rubbed his penis on Charlotte in 2004. McConkie allegedly tells Rendon he does not know why he sexually assaulted Charlotte. McConkie says it only happened one time. McConkie also allegedly tells Rendon that he has confessed the abuse to another person. Rendon is shocked by McConkie’s confession, but he does not “ask many clarifying details about it.” (source: 2023 arrest affidavit)
- (Note: FLOODLIT is not aware whether Rendon called the church’s confidential abuse “help line” for leaders, or whether he reported to law enforcement.)
Excerpt from McConkie’s arrest affidavit, page 2. Black rectangles are redactions by FLOODLIT to protect victims’ identities. White blank areas were previously redacted by the court after McConkie attempted unsuccessfully to have the entire affidavit sealed.
Oct. 2008
- McConkie begins working as a deputy district attorney for the 4th Judicial District of Colorado. He manages “all aspects of heavy misdemeanor and felony caseloads.” (source)
2010
- McConkie is the young men’s president or a bishopric counselor assigned to work with the young men in his LDS ward, according to two people familiar with the case.
- Around this time, McConkie also works as a Boy Scout leader in his LDS ward, according to a person familiar with the case.
- McConkie is allegedly sometimes sleeping with Charlotte (age 6) or Grace (age 4). When McConkie sleeps with Grace, he snuggles her tight, wrapping his legs around her and spooning with her. (source: 2023 arrest affidavit)
- McConkie is allegedly fixated on Grace and Charlotte’s beauty and makes comments on what they eat and how they dress. McConkie is forceful with kissing and hugging and sometimes enters a room where she and Charlotte are changing clothes and refuses to leave when they ask him to leave, Grace later reports. She also sees McConkie “randomly grab” Charlotte’s butt while Charlotte is changing clothes. (source: 2023 arrest affidavit)
- McConkie sometimes comes into a room where Charlotte is sleeping and pulls the sheets off her while she is only wearing underwear, Charlotte later recalls. (source: 2023 arrest affidavit)
Excerpt from McConkie’s arrest affidavit, page 2. Black rectangles are redactions by FLOODLIT to protect victims’ identities. White blank areas were previously redacted by the court after McConkie attempted unsuccessfully to have the entire affidavit sealed.
June 2011
- McConkie leaves his job as deputy district attorney and begins working as a partner at the Torbet Tuft & McConkie law firm in Colorado Springs.
2013
- Five years after confessing to Rendon, McConkie allegedly sexually assaults Charlotte, now 8 years old, while she sleeps in a bed lying next to him. When she wakes up, Charlotte realizes that McConkie is touching her vagina with his hand. She tells him to stop. He allegedly replies, “I’m sorry, I thought it was [Crystal, Charlotte’s mother].” (source: 2023 arrest affidavit)
- McConkie allegedly assaults Charlotte in this manner on multiple occasions. She later tells a Colorado Department of Human Services (DHS) caseworker she can recall at least two occasions where she woke up to McConkie touching her vagina while sleeping in bed with him. She says his hand was on her vagina, but she cannot recall it was over or underneath her underwear
- The morning after the alleged sexual assault, Charlotte tells Grace about being touched by McConkie, Grace later reports.
Excerpt from McConkie’s arrest affidavit, page 2. White blank areas were redacted by the court after McConkie attempted unsuccessfully to have the entire affidavit sealed.
2013 or 2014
- The Mormon church makes McConkie a bishop of his Colorado Springs ward for about two or three years, according to a person familiar with the case. (This may be the Briargate Ward, based on the street address of a home McConkie owned and occupied during that time.)
a Mormon church in Colorado Springs, Colorado
Approximately 2016
- McConkie, still a bishop, sleeps with 12-year-old Charlotte at night for the last time. (source: 2023 arrest affidavit)
Dec. 2016
- McConkie, 39, becomes president of the newly formed Colorado Springs East Stake, according to reports in the LDS-owned Church News. He is a bishop at the time he is assigned to his new position as stake president. It has been eight years since he told a Mormon official (Rendon) that he masturbated on six-month-old Charlotte.
2017
- Sierra [pseudonym] is born. She is the third of three alleged victims of sexual assault or inappropriate treatment by McConkie.
- McConkie stops sleeping with 11-year-old Grace. (source: 2023 arrest affidavit)
Nov. 2021
- McConkie is released as stake president after less than five years in that position. Stake presidents in the Mormon church typically serve for about nine years. FLOODLIT is seeking information about why McConkie was released from the stake president position.
Feb. 2023
- McConkie is going through a divorce. He continues to work as a partner at Torbet Tuft & McConkie.
Between Feb. and July 2023
- Charlotte’s mother, Crystal, tells a therapist that Charlotte, now 18 or 19, recently told her that McConkie sexually assaulted her in 2013, when she was approximately 8 years old. The therapist reports to the Colorado Department of Human Services (DHS). (source: 2023 arrest affidavit)
July 24, 2023
- A detective in the Crimes Against Children Unit of the Colorado Springs Police Department is assigned to investigate the allegations against McConkie.
Colorado Springs Police department vehicle
Late July or Aug. 2023
- 19-year-old Charlotte tells police about abuse spanning several years and concerns she has that McConkie is abusing 6-year-old Sierra, based on Sierra’s behavior, according to the arrest affidavit.
- A Department of Human Services (DHS) caseworker interviews Sierra. Sierra says that McConkie sometimes cuddles with her in bed the whole night, with their arms wrapped around each other. She says when she gets hot, she takes her shirt off. Sierra says McConkie once woke her up at night and asked her if she wanted to play a game, and she agreed. She tells the caseworker the game was called “Sorry.” Sierra then says she doesn’t remember. The caseworker asks if she doesn’t remember or if it is hard to talk about. Sierra responds, “It is hard to talk about.” After further screening, Sierra curls up on the couch and says she did not play a game and McConkie has never woken her up before.
Aug. 8, 2023
- The caseworker interviews 19-year-old Charlotte by phone. Charlotte tells the caseworker she can recall at least two occasions when she woke up to McConkie touching her vagina while sleeping in bed with him. She says his hand was on her vagina, but she cannot recall it was over or underneath her underwear.
Excerpt from McConkie’s arrest affidavit, page 2. Black rectangles are redactions by FLOODLIT to protect victims’ identities. White blank areas were previously redacted by the court after McConkie attempted unsuccessfully to have the entire affidavit sealed.
Aug. 23, 2023
- Colorado police speak with Jarom Rendon about McConkie’s 2008 confession to him. Rendon says it is “normal for members of the church to ‘confess’ to wrongdoings.”
Aug. 24, 2023
- Crystal conducts a recorded pretext phone call with McConkie after police guidance. Crystal tells McConkie, “If you […] quote un quote accidentally touched [Charlotte] thinking it was me, that is cause for concern.” McConkie responds:
“That was 14 years ago, as I’m sleeping, I accidentally, unwittily, unconsciously touched [redacted by the court], and said oh my goodness I am going to fully talk to [redacted by the court] about this. I told you that same day that it is not time for her to sleep here anymore.”
- (Note: It’s unclear whether McConkie said “14 years ago” referring to the alleged sexual assault in 2013 (10 years prior to the pretext phone call) or to another possible alleged incident of child sexual assault in 2009.
Excerpt from McConkie’s arrest affidavit, page 3. Black rectangles are redactions by FLOODLIT to protect victims’ identities. White blank areas were previously redacted by the court after McConkie attempted unsuccessfully to have the entire affidavit sealed.
Aug. 29, 2023
- McConkie, 45, is arrested in Colorado on suspicion of felony sexual assault on a child by someone in a position of trust, a third-degree felony. His bond is set at $100,000.
Aug. 30, 2023
- McConkie posts bond (a $100,000 cash/surety/property bond) and is released.
Sept. 15, 2023
- Two Colorado mainstream news outlets publish the first public reports of McConkie’s arrest and charges.
- FLOODLIT publishes a case report on McConkie and begins to correspond with individuals who say they knew him.
Sept. 17, 2023
- Members of the Explorer Park ward in the stake of which McConkie was president from 2016-21 (Colorado Springs East Stake) receive an email from their bishopric. It states:
Date: Sun, Sep 17, 2023 at 17:47
Subject: Recent news itemExplorer Park 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 Explorer Park Bishopric
Email regarding David McConkie from the Explorer Park Ward bishopric to ward members, Sept. 17, 2023
Sep. 18, 2023
- McConkie appears at a court hearing. Through his attorney, Joshua Tolini, McConkie files a motion to restrict public access to the case and seal his arrest affidavit. He also requests a change to a protective order involving children. El Paso County Magistrate Hilary Gurney does not rule on any of the issues.
Sept. 22, 2023
- Tolini says he no longer represents McConkie, but does not explain why. McConkie is now represented by attorney Colin Bresee.
Nov. 2023
- The court grants McConkie’s request to move to Utah, but says it will require him to appear in person for some future court dates in El Paso County, Colorado. McConkie has not been held in custody since posting bond in August.
Feb. 2024
- McConkie pleads not guilty, despite a plea agreement offer from the prosecution that would have kept him out of jail and placed him in sex-offender intensive supervised probation (SOISP).
April 2024
- McConkie’s trial date is postponed from May 28 to Aug. 26. It is expected to last two weeks. McConkie remains out of custody and living in Utah.
Between April and Sept. 2024
- The trial is postponed again, and rescheduled for Oct. 8.
Sept. 2024
- McConkie appears to court in person for the first time since his 2023 arrest. McConkie’s trial date is postponed yet again, as attorneys request a massive continuance on both an upcoming motions hearing and the trial. The proposed delay is so long that McConkie is required to withdraw his not guilty plea. McConkie’s attorney, Colin Bresee, tells the court that their expert witness who will be testifying in the motions hearing will be unavailable until April 2025.
- The court reschedules as follows: a two-day motion hearing set for Apr. 8, 2025; a trial for June 9, 2025. The contents of the motions are not discussed in court, but Bresee states to the court that the outcome of the motions hearing could result in a “much longer trial.” The June trial date falls outside of speedy trial (a defendant’s right to a trial within six months of entering a plea).
- McConkie is scheduled to appear in court Dec. 11 for a review hearing and again Feb. 12 for an arraignment hearing, where he is expected to re-enter a not guilty plea. McConkie remains out of custody and living in Utah.
April 4, 2025
- McConkie files a proposed plea agreement wherein he admits to attempted sexual assault on a child as part of a proposed plea deal, in an effort to avoid prison time. In the proposed agreement, McConkie agrees to plead guilty to one count of criminal attempt to commit sexual assault on a child, a lesser charge than what he originally faced. McConkie admits to inappropriately touching a 10- to 11-year-old girl around 2014 in the plea agreement, stating, “I could have removed my hand sooner,” referring to the inappropriate touching.
- If a judge accepts the agreement, McConkie could serve five years of supervised probation with no prison time. He also would be required to register as a sex offender but can ask to remove his name from the sex offender registry once 10 years pass after completion of probation. If a judge denies the agreement, McConkie can go to trial.
July 1, 2025
- As of April 19, 2025, McConkie’s sentencing is set for July 1, according to court records.
Biographical notes
- David McConkie is the paternal grandson of Bruce R. McConkie, who was a Mormon apostle from 1972 to 1985.
- Bruce R. McConkie’s wife’s father was Joseph Fielding Smith, who was president of the Mormon church from 1970 to 1972.
- Bruce R. McConkie’s brother, Oscar W. McConkie Jr., was a founding partner of the Utah law firm Kirton McConkie, which has represented the Mormon church on a regular basis since approximately 1995.
If you knew David McConkie or have any information about this case, please contact FLOODLIT.
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Donate »Facts
Alleged coverup
- Criminal: Ongoing,
- Civil: No civil case,
- Positions: Bishop, Bishopric counselor, Missionary, Scout leader, Stake president, Youth leader,
- During alleged crime: Unknown position,
- When accused: Unknown position,
- Alleged crime: 2000s, 2010s, in Colorado,
- Crime scenes: Perpetrator's home, Victim's home,
- Victims: 3 victims, Multiple victims,
-
Born: 1978
- AKA Bishop McConkie, President McConkie
- Mission: 1997-1999 Bolivia Bolivia Cochabamba
- Places: Bolivia, Colorado, Utah, Virginia,
Sources
- Commencement exercise programs, 2002-,
- New stakes,
- ‘God is good’: How a not-so-typical mission reunion in Bolivia was the start of many miracles,
- New stake presidents,
- David G. McConkie - Partner,
- Docket Search,
- 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 Deputy District Attorney pleads not guilty to Child Sex Assault,
- Trial date postponed for former Colorado Springs deputy DA, church leader accused of child sexual assault,
- Trial date postponed again for former Colorado Springs deputy DA, church leader accused of child sexual assault,
- Former Colorado Springs deputy DA, church leader's child sexual assault case moves slowly,
- Former Colorado prosecutor admits to attempted child sex assault in plea agreement papers,
- Former Colorado Springs deputy district attorney, church leader accepts plea agreement in child sex assault case,
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1. Commencement exercise programs, 2002-
BACHELOR OF MUSIC
[...]
JUNE 2002
[...]
David George McConkie -
2. New stakes
[Excerpt]
COLORADO SPRINGS EAST STAKE: (Dec. 11, 2016) President — David George McConkie, 39, attorney;
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3. ‘God is good’: How a not-so-typical mission reunion in Bolivia was the start of many miracles
While serving in the small city of Tupiza in southern Bolivia, Elder Tommy Upshaw and his companion Elder Ryan Hamilton were walking through the main plaza of town one day when an older man with glasses ran out from his “technology center” to greet them.
Celestino Orellana told the young American missionaries that he had seen them before and wanted them to come and teach English to his computer students.
It was 1998, and Orellana felt that the youth around him needed to learn English and technology in order to be successful.
“We offered him a deal,” Upshaw said, describing the experience from 20 years ago. “We’d teach a class in his school if he’d watch a video about the Church.”
The note on the back of a photo which Tommy Upshaw wrote on the last day he visited Celestino Orellana while serving in Tupiza some 20 years ago. It reads, “I love you so much. Don’t forget about me and I know that someday we’ll see each other again.”
Orellana agreed. One lesson turned into another and then another and each was accompanied by another video or gospel message.
“This man was the definition of a golden contact,” Upshaw said. “He had an awesome wife, two adorable daughters and a son.”
But Upshaw and his companion were transferred away from the area shortly after they met Orellana and were only able to get updates about him from other missionaries in the area when they met together for Zone conferences.
Despite many trials, Orellana and his family were baptized and when Upshaw went back to visit him a year later, before heading home from his mission, he left Orellana with a photo of them together and wrote on the back, “I love you so much. Don’t forget about me and I know that someday we’ll see each other again.”
A reason to return
Fast forward 20 years. Upshaw, like many returned missionaries, longed to go back and visit the places and people he served as a young adult but hadn’t found a good opportunity to do so.
Davis Smith, who served his mission in Bolivia around the same time as Upshaw, has returned to the country several times since completing his mission there 20 years ago and he said that going back and seeing the people whose lives were changed by the gospel can be a life-changing experience.
“Every time I get together with missionaries from my mission, and I've done a decent job of staying in touch with a lot of my mission friends, I'd ask them if they’ve had a chance to go back and most of the time they say, ‘No, but I want to. I've been dying to, I just haven't been able to find a way to do it yet,’” Smith said.
Smith wanted others to have the same types of experiences he had by returning, so, about a year ago, after meeting up with some old mission buddies who had also been able to return to Bolivia, Smith decided they needed to create a reason for everyone to go back.
The four friends set a date. Then, they began reaching out to everyone they know from the mission.
On October 23, 2018, nearly 70 former missionaries, coming from all over the United States and South America, arrived at the Cochabamba Bolivia Temple.
Reunited in the House of the Lord
“Most people had never seen the temple dedicated,” Smith said.
The temple in Cochabamba was dedicated in April 2000, after most of the missionaries he served with had returned home.
Ginny Watts remembers watching the dedication from Utah after returning home from her mission and wishing she was there in Bolivia to see the finished building which had been under construction during much of her mission.
After the reunion, Watts said, “It was a great joy to see the temple completed and to do work there.”
Together, the reunion group filled the temple as they entered to do a session. They brought in extra chairs to fit people, Smith said, and even then, some of the missionaries had to do a separate session to get through.
“Sitting in the session, I was in the front row, and looking back and just seeing the faces of all these missionaries there that I served with, it was like I understood Alma and the sons of Mosiah when they got together again after all those years. … It was just a beautiful experience,” Smith said.
Tavia Mathers, another former missionary in the group added: “I felt like it was really just a glimpse of the eternities when we will all come together from different backgrounds.”
One reunion, many miracles
After meeting at the temple, the group of former missionaries spent the afternoon serving at a local orphanage. They then spent the evening together with some of their former investigators from the Cochabamba area as they gathered for a fireside. Many got up to share their testimonies.
The next day, they split off their separate ways to travel throughout the country seeking out their converts and friends, most of whom they hadn’t seen in 20 years.
“I think it boosted not only our own testimonies, but lit a fire with the people we were able to find again, even if they weren't necessarily active,” Mathers said. “When there's that many missionaries getting together, there’s a lot of miracles.”
The Lord's hand:
For Shawn Moore, one of the greatest miracles was seeing how interconnected everything is, and how eloquent the Lord is in His orchestration.
Moore had returned to Bolivia on his own about 15 years prior to the mission reunion trip. When he did, he prayed he would be able to find people from his mission there.
“On my first Sunday in Bolivia, the first person I saw was Betsabe, the second person I ever taught and baptized,” Moore said explaining that he found her in a chapel he had never attended before, in an unfamiliar area.
“Then this year, I happened to go to that same chapel on my first Sunday,” Moore continued. “On the exact same bench where I saw Betsabe 15 years before, sat another (woman) I had baptized. I was immediately absolutely amazed at how good God is.”
The woman, Natividad, had only recently returned to Church with her two granddaughters who had been baptized a few months prior.
I am ever so amazed at how intricately the Lord’s hand works in our lives. God is good.
“We embraced and (she) told me that I had come at a special and crucial time in their lives,” he said. “My being there was a testimony for them and for me how much the Lord cared about them and their journey.”
During his trip, Moore also reunited with a young man he had taught named Tono Daza. Moore had taught Daza when he was a teenager and Daza later served a mission, married, and served as a bishop.
“Everyone loves him as a bishop and he has been a miracle for many members in his ward,” Moore said. And among his ward is Betsabe’s family. Although Betsabe was killed two years ago in a tragic bus accident, her husband and five surviving children said Daza was instrumental in helping them through the loss of their wife and mother. “I am ever so amazed at how intricately the Lord's hand works in our lives,” Moore said. “God is good.”
From a single seedIt’s an amazing experience to see the fruit or what we learned as missionaries, Smith said, noting that missionaries often never get to see what comes of the seeds they have planted.
Davis Smith and his companion Elder Dustin Harris at a baptism for some relatives of Naval Sanchez, who joined the Church shortly before Smith was transferred to his area 20 years ago. Many of Naval Sanchez’s family members followed his example and joined the Church.
Davis Smith and his companion Elder Dustin Harris at a baptism for some relatives of Naval Sanchez, who joined the Church shortly before Smith was transferred to his area 20 years ago. Many of Naval Sanchez’s family members followed his example and joined the Church.“I've just always felt that my converts, they're my converts forever,” Smith said, laughing. “And I told a few of them, ‘What you didn't realize when you committed to being baptized with me is that you're gonna have to deal with me for the rest of your life.’”
In Tarija, Bolivia, the seeds of many missionaries are particularly apparent through the fruit that has come from the conversion of one man.
Naval Sanchez was a professional soccer player in the late 1990s, and in addition to competing nearly every Sunday, Sanchez enjoyed spending time drinking with his teammates.
Sanchez’s wife and and 8-year-old son had been meeting with the missionaries for a while, and wanted to get baptized. Sanchez too enjoyed the messages shared by the missionaries, but felt he wasn’t ready to get baptized because he didn’t want to change his lifestyle.
That’s when a young David McConkie showed up.
“Something about Elder McConkie touched him,” Smith said, “and he ended up getting baptized after his wife and son.”
Shortly after Sanchez was baptized, McConkie was transferred to a new area and Smith was transferred to Tarija. When he got there, the Sanchez family was on fire when it came to the gospel.
“We actually moved into their house,” Smith said. “I was like, I want to be as close to this person as possible because he is just going to convert his whole neighborhood.”
And, considering half the neighborhood was related to Sanchez, that turned out to be true. During his time there, Smith baptized five or six people related to Sanchez. But now, 20 years later, Smith and McConkie said they are both surprised by the effect of that one man.
“Now, over 30 members of his family are members of the Church,” Smith said. And the small branch that was once the only Church presence in Tarija is now a stake center with 18 missionaries in the area where once there just two.
[photo] From left: David McConkie, Franz Sanchez, Naval Sanchez and Kevin Burke in the mountains outside of Tarija, Bolivia. McConkie and Burke taught and baptized the Sanchez family 20 years ago and returned to visit them in October this year.
Both Smith and McConkie returned to Tarija on their recent trip, and they noted the immense strength they felt from members in the area and their excitement in reuniting with Sanchez all these years later.
“It was a joyous reunion,” McConkie said. “To return now and see that the branch was now a stake was overpowering. So many families have been vital to the growth of the Church.”
Miracle after miracle
McConkie noted that the combined efforts, memories, photos, and relationships of the various missionaries helped many to families and converts they may never have been able to find again on their own. It was amazing to see the Lord working to use each of them within His intricate web, Smith said.
And for Upshaw, the Lord’s helping hand was particularly meaningful in one instance.
When Upshaw promised Orellana 20 years ago that they would see each other again someday, he meant it. Prior to arriving in Bolivia, Upshaw did his homework, knowing that if there was only one person he could see on the trip, he wanted it to be Orellana.
He found that although Orellana’s family was still living in Tupiza, Orellana was frequently in La Paz due to medical treatment he was receiving there. So Upshaw and his wife planned to travel to La Paz to meet up with Orellana. “Once we planned our trip we learned that President Nelson would be in La Paz the same day we were,” Upshaw said, noting that they only had 24 hours in the city where thousands were travelling to hear the words of the prophet.
Once they landed in La Paz, Upshaw was distressed to find his phone had stopped working. He hadn’t heard from Orellana about a plan to meet up either, so he and his wife made their way to the El Alto area where President Nelson was speaking.
“I was so discouraged when we left our hotel for the fireside having not heard back from (Orellana) at all,” Upshaw said.
After arriving at the venue, Upshaw realized he couldn’t even contact his friend who had tickets to the fireside for them because his phone still wasn’t working.
“So here we are, two gringos, standing outside an auditorium waiting for a conference with no tickets, knowing no one, with no way to contact anyone, and discouraged that the window we had to meet the person we came to see had closed,” Upshaw said.
“Then the miracles started.”
First, the security guards let them in without tickets. Then, without a seat assignment and thousands of people surrounding them, they walked somewhat aimlessly inside the venue. Standing there in the middle of a huge crowd, Upshaw suddenly heard his name before being instantly embraced by a Bolivian sister who was crying. Another woman came up next to them who was also weeping.
“I had no idea who these people were and why they were hugging me,” Upshaw said. “And then it hit me. It was (Orellana’s) daughters Nivia and Daniela.”
After embracing again, Upshaw inquired about their father and learned that he was standing just around the corner and that their family has room for Upshaw and his wife to join them. The whole family had come together for the fireside, Upshaw explained.
“The joy I felt to see this man after nearly 20 years … left me speechless,” Upshaw said. “As I sat in that auditorium … we cried. I loved these people 20 years ago, and I loved them at that moment.”
It was a small moment in time, but it connected two families, through their love for Christ, across the years and the continents. It was the moment everything felt whole, Upshaw explained, and it left him speechless.
“Who would have thought, that day when Celestino came running across that plaza, that we’d end up here, listening to the prophet of God in Bolivia with his family,” Upshaw said. “I’m so lucky. I’m so blessed.”
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4. 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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5. 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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6. Docket Search
[notes by FLOODLIT]
court case number: D212023CR3809 - search by case number as follows:
4-digit year: 2023
case class: CR
case sequence: 3809 -
7. 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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8. 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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9. 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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10. 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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11. 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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12. 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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13. 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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14. 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.
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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15. Former Deputy District Attorney pleads not guilty to Child Sex Assault
(COLORADO SPRINGS) — The former Deputy District Attorney for the 4th Judicial District Attorney’s Office pleaded not guilty to charges of sexually assaulting a child. David McConkie made a virtual appearance in El Paso County Court via WebEx on Wednesday, Feb. 7.
Following his plea, prosecutors indicated that they anticipate a lengthy trial lasting at least two weeks, and scheduled it for May 28. The defense stated their intention to call five witnesses during the trial.
It was noted by prosecutors that they had extended a final plea offer to McConkie, proposing a guilty plea to a class five felony of Sexual Assault on a Child. They said this offer remains open for the defense to consider until March 6.
McConkie was the former Deputy District Attorney from 2008 to 2011 and a prominent local Mormon church leader. The case came to light following an investigation initiated by the Colorado Springs Police Department (CSPD) in July 2023, prompted by a referral from the Department of Human Services.
McConkie was arrested at the end of August 2023 on the alleged felony charge of Sexual Assault on a Child for nine years, spanning from 2004 to 2013, beginning when the victim was an infant.
According to the arrest affidavit, the victim, now 19 years old, disclosed to investigators with CSPD that the alleged repeated instances of inappropriate touching by McConkie, persisted until she was 12 years old. She recounted that the alleged incidents typically occurred while McConkie was sleeping next to her.
The victim also revealed that McConkie allegedly confessed to her at one point that there was at least one other instance of sexual acts toward her when she was an infant.
Moreover, arrest papers indicate that McConkie allegedly confessed to a church leader in 2008 about inappropriate sexual acts with a child. While the individual who reported this confession, “explained that this confession shocked him,” he did not inquire further into the matter.
According to the affidavit, the victim’s concerns extend beyond her own experience, as she fears McConkie may be abusing other children as young as six, based on observed behaviors. Apart from the named victim, three other minors are mentioned in connection to this case, all of whom had contact with McConkie.
Following his tenure at the District Attorney’s Office, McConkie transitioned into private practice, becoming a partner at a local law firm. Concurrently, he held the position of president of the Colorado Springs East Stake within The Church of Jesus Christ of Latter-day Saints from 2016 to 2023.
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16. Trial date postponed for former Colorado Springs deputy DA, church leader accused of child sexual assault
The former deputy district attorney and Colorado Springs Mormon church leader accused of sexual assault on a child had his trial date postponed on 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 on Tuesday to request a continuance of his trial, originally scheduled to begin on May 28.
The prosecution did not object to a continuance, and McConkie's trial is now expected to begin on Aug. 26.
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.
The Gazette previously reported 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 2008-2011 and went into private practice after that as a partner in a local law firm.
At McConkie's previous hearing 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 (SOISP), with no jail time.
There was no discussion of the offer at Tuesday's hearing.
McConkie will appear to court in person for the first time since his 2023 arrest on July 1 for a motions hearing. McConkie has been out of custody and living in Utah since posting a $100,000 bond shortly after his arrest.
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17. Trial date postponed again for former Colorado Springs deputy DA, church leader accused of child sexual assault
The former deputy district attorney and Colorado Springs Mormon church leader accused of sexual assault on a child will not go to trial at the end of the month, as previously scheduled.
David McConkie, 45, a former president of the East Stake within The Church of Jesus Christ of Latter-day Saints, appeared in court Monday morning for a motions hearing ahead of his trial, which was scheduled Oct. 8.
Instead, attorneys appeared in court to request a massive continuance on both the motions hearing and the jury trial, requiring McConkie to withdraw his not guilty plea.
McConkie's attorney, Colin Bresee, informed the court that their expert witness who would be testifying in the motions hearing was unavailable to do so until April.
Due to not being able to move forward without completing the motions hearing, McConkie's trial date and motions hearing were rescheduled to next year.
McConkie will return to court April 8 for a two-day motions hearing, and his trial is now scheduled to begin June 9. The contents of the motions were not discussed in court, but Breese stated to the court that the outcome of the motions hearing could result in a "much longer trial."
Prosecutor Kelson Castain stated that the victim objected to any significant continuance, but also understood the need for the delay.
In order to allow for the new trial date, McConkie withdrew his not guilty pleas because the June trial date falls outside of speedy trial, which is a defendant’s right to a trial within six months of entering a 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.
The Gazette previously reported 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 that as a partner in a local law firm.
This is the third time McConkie has had his jury trial vacated. Originally, McConkie was scheduled to go to trial May 28, but that trial date was vacated and pushed to Aug. 26. The Aug. 26 trial date was vacated and pushed to the now-vacated Oct. 8 trial date.
At McConkie's hearing, 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 (SOISP), with no jail time.
There was no discussion of a plea deal at McConkie's hearing Monday.
McConkie appeared to court in person Monday for the first time since his 2023 arrest. McConkie has been out of custody and living in Utah since posting a $100,000 bond shortly after his arrest.
Breese at the end of the hearing noted that he would be filing a motion to modify McConkie's bond.
McConkie is scheduled to appear in court next Dec. 11 for a review hearing and again Feb. 12 for an arraignment hearing, where he will be expected to reenter a not guilty plea.
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18. 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.
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19. Former Colorado prosecutor admits to attempted child sex assault in plea agreement papers
Agreement entails no prison time and has yet to be reviewed by a judge
COLORADO SPRINGS, Colo. (KKTV) - A former deputy district attorney in the Pikes Peak region could serve no prison time after negotiating a plea deal in a child sex assault case.
In 2023, David McConkie was charged with sexual assault on a child by one in a position of trust. According to his arrest papers, McConkie confessed to a church member in 2008. The allegations of abuse entailed multiple incidents spanning several years. He entered a not guilty plea in Feb. 2024.
McConkie was a prosecutor for El Paso and Teller County courts from 2008 to 2011. He was working as a private practice attorney in Colorado Springs up until the law firm he was with cut ties with McConkie around the time of his arrest.
On Friday, 11 News obtained a plea agreement filed April 4.
In the court papers, McConkie agrees to plead guilty to one count of criminal attempt to commit sexual assault on a child, a lesser charge than what originally faced. McConkie admits to inappropriately touching a 10 to 11 year old girl around 2014 in the plea agreement.
11 News is choosing not to publish the plea agreement out of respect for the victim, however there is a portion where McConkie summarizes what he is confessing to, where he writes in part, “I admit that I could have removed my hand sooner,” referring to the inappropriate touching.
If a judge accepts the plea agreement, McConkie could serve five years of supervised probation and no prison time. He also would be required to register as a sex offender but can ask to remove his name from the sex offender registry once 10 years pass from completing probation.
The District Attorney’s Office provided the below comment when asked whether or not McConkie’s past employment there has any impact on the case:
“No person is given special treatment by our office in any circumstance. Any plea agreement offered by this office is made only after careful consideration of the evidence, the case’s likely success at trial, its impact on victims - and, importantly, input from victims.” -- Kate Singh, Chief Communications Officer.
A judge can choose to accept or deny the plea agreement. If a judge denies it, McConkie can go to trial.
McConkie’s sentencing is set for July according to court records.
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20. Former Colorado Springs deputy district attorney, church leader accepts plea agreement in child sex assault case
A former deputy district attorney and Colorado Springs Mormon church leader accused of sexual assault on a child opted to forgo trial and instead took a plea deal that will likely keep him out of prison, according to court records.
David McConkie, 46, a former president of the Colorado Springs East Stake within The Church of Jesus Christ of Latter-day Saints, was set to go to trial in June after two 2024 trial dates were postponed.
Court records show McConkie accepted an April 4 plea deal in which he pleaded guilty to a count of criminal attempt to commit sexual assault on a child, a class five felony, in exchange for the remaining charges being dismissed.
According to the 21-page plea agreement obtained by The Gazette, if accepted by the judge, McConkie could serve five years of sex offender intensive supervised probation and would be required to register as a sex offender. He could face imprisonment if he fails to comply with his probation requirements.
In addition, the plea agreement states that up to 90 days in jail as a condition of probation "shall be open to the court."
McConkie declined a similar plea deal in February 2024 that also would have likely kept him out of prison, according to prior Gazette coverage.
According to the affidavit obtained by the Gazette at the time of his arrest, McConkie admitted to an inappropriate sexual act with a child to a church leader in 2008. The charge came after one victim, now an adult, reported abuse spanning several years amid concerns it was still happening.
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In the plea agreement, McConkie admits "I could have removed my hand sooner," when referring to the 2014 assault involving a 10 to-11-year-old child. In his statement, McConkie said he was "about 36" at the time.
McConkie was a deputy district attorney for the 4th Judicial District 2008-2011 and went into private practice as a partner in a Colorado Springs law firm. His time as president of the Colorado Springs East Stake was between 2016 and 2021, according to previous Gazette coverage.
Former deputy district attorney accused of sexual assault confessed an inappropriate act to a church leaderThe Gazette reached out to Colorado Springs East Stake Wednesday for a statement on the matter, but did not receive a response as of the time of publication.
McConkie posted a $100,000 bond in August 2023 and has been out of custody since. He was also allowed to move back to Utah in November of 2024, according to prior Gazette reporting.
McConkie's is scheduled to be sentenced July 1 in the 4th Judicial District. If his plea agreement is not accepted by the judge, McConkie may see trial after all.
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Criminal case documents
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