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Beth McCann

District Attorney

Second Judical District

201 W, Colfax Ave, Dept. 801
Denver, CO 80202

720-913-2000
Beth.McCann@denverda.org

News Release

February 27, 2018 Contact: Ken Lane, 720-913-9025

Three Plead Guilty in Marijuana-Related Robbery Scheme (Binns, Arellano, Fay)

NEWS RELEASE

February 27, 2018

Contact: Ken Lane, 720-913-9025

 

THREE INDICTED IN MARIJUANA

ROBBERY SCHEME/MURDER PLEAD GUILTY

 

Three of four persons indicted by a Denver Grand Jury last May in connection with an alleged planned robbery of a marijuana seller that resulted in the murder of the seller and attempted murder of another involved in the planned sale have pleaded guilty.

 

Seth Michael Binns (dob: 06-08-1993) pleaded guilty last Friday to one count of aggravated robbery (F3).  He faces a stipulated prison sentence of 32 years.

 

Ryan Arellano (dob: 06-05-1992) also pleaded guilty last Friday to one count of aggravated robbery (F3).  He faces a stipulated prison sentence of 16-26 years.

 

Mackenzie Fay (dob: 01-20-1994) pleaded guilty last November to one count of aggravated robbery (F3).  She faces a stipulated prison sentence of 16-32 years.

 

All three were originally charged with felony murder (F1) and aggravated robbery (F3).

 

The fourth person indicted, Joshua Scott Binns (dob: 01-05-1984) is charged with two counts of murder in the first degree (F1), one count of felony murder (F1), one count of assault in the first degree-deadly weapon (F3), two counts of aggravated robbery (F3), and one count of possession of a weapon by a previous offender (F6).

 

The indictment alleged that in November 2016 the four named defendants conspired to rob 50-year-old Charles Polzin of a large amount of marijuana that he wanted to sell. The indictment further alleged that on November 8, 2016, Charles Polzin, his son and his son’s girlfriend drove from Loveland to Denver to meet Joshua Binns to conclude the marijuana sale, and at the arranged time and place of the sale Joshua Binns shot both Charles Polzin and his son, killing Polzin senior and seriously wounding the son.

 

Joshua Binns is scheduled for a disposition/motions hearing on March 2 at 8:30 a.m. in courtroom 5H.

 

Seth Binns, Arellano and Fay are scheduled to be sentenced on April 20 at 1:30 p.m., in courtoom 5H.

 

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The filing of a criminal charge is merely a formal accusation that an individual(s) committed a crime(s) under Colorado laws.  A defendant is presumed innocent until and unless proven guilty.     See Colo. RPC 3.6