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Highlands Ranch Death Case Takes Unusual Turn

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Jun 12, 2009 11:01 am US/Mountain

Highlands Ranch Death Case Takes Unusual Turn

Written by Shaun Boyd

Reporting
Shaun Boyd

SALIDA, Colo. (CBS4) ―

Click to enlarge 1 of 3: Nancy Mason
CBS
Click to enlarge 2 of 3: Efren Gallegos
CBS
Click to enlarge 3 of 3: Dan Mason
CBS

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The sheriff and coroner in Chaffee County are asking for a special prosecutor in a mysterious death investigation. The unusual request comes after the district attorney refused to bring charges.

The case involves Nancy Mason of Highlands Ranch, who died in 2004 in a remote area in Chaffee county.

Her husband, Dan Mason, says they were fishing with his friend Efren Gallegos in May of that year when Nancy fell to her death. He says they tried to save her and then went for help.

"They take off and leave her (laying in) 1 foot in the water -- they go 10 miles away in the opposite direction of any telephones or anything like that," said Bill Gaede, Nancy Mason's father.

He and his wife became suspicious after learning their daughter had cut her three sons out of her will just days before her death.

"He saw dollar signs and a vulnerable person and walked in and took over," says Miriam Gaede.

The death was ruled accidental, but the sheriff's office continued to investigate. A new coroner found inconsistencies in the autopsy and opened an inquest.

Last week jurors found enough evidence to result in arrest warrants against Dan Mason and Efren Gallegos.

"We thought 'By golly, maybe there's a chance,'" Bill Gaede said.

District Attorney Thom LeDoux, however, refused to bring charges saying there wasn't enough evidence. Now, the sheriff and coroner have filed a rare petition seeking a special prosecutor.

"I am confident our decision is not arbitrary or capricious or without reasonable excuse," LeDoux said.

A court will decide whether the decision stands.

The Gaedes say they have nothing left to lose.

"Our main thing is to get justice for Nancy by stopping these guys," they told CBS4.

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