Judge Rejects Motion to Dismiss Public Assistance Theft Case Against Former Fountain Councilwoman
A Fourth Judicial District judge has rejected former Fountain City Councilwoman Detra Duncan’s request to dismiss the public assistance theft case against her, allowing the case to move forward toward a December trial.
Duncan, 55, is accused of unlawfully receiving more than $37,000 in public assistance benefits for herself and her child over several years. Prosecutors allege she falsified documents and concealed information about her employment, household and family circumstances when applying for food assistance, Medicaid and other government benefits.
Duncan’s attorney, Cindy Hyatt, argued during Tuesday’s hearing that at least part of the case should be dismissed because prosecutors brought the charges after the applicable statute of limitations had expired.
The defense specifically challenged allegations dating from 2016 through 2019. Under Colorado law, felony theft generally carries a three-year statute of limitations.
Duncan was charged in April 2025, while the investigation into her eligibility for public assistance began in 2022.
Fourth Judicial District Judge Marcus Henson acknowledged that the defense presented a compelling argument but ultimately declined to dismiss the case. Henson determined that the investigation was not completed until December 2024 and said investigators did not fully understand or uncover portions of the alleged conduct until the investigation was finished.
The judge also declined to base the statute-of-limitations timeline on information investigators discovered early in the investigation, which the defense argued should have started the clock sooner.
While Henson kept the case alive, he did order prosecutors to restructure the first theft count.
The original count covered a six-year period, but Henson determined that the allegations did not constitute one uninterrupted course of conduct because Duncan allegedly did not apply for public assistance during a portion of that period.
Prosecutors were directed to divide the allegations into separate counts covering 2016 through 2019 and 2022 through 2024.
The ruling does not amount to a determination of guilt. Duncan has maintained that she is not guilty and previously said her resignation from the Fountain City Council was not an admission of wrongdoing.
The allegations stem from an investigation by the El Paso County Department of Human Services and other investigators into Duncan's applications for public assistance.
According to a probable cause affidavit, investigators allege Duncan altered city pay stubs to conceal her position as an elected official. The affidavit says Duncan allegedly used correction fluid to cover references to her employment as a Fountain city councilwoman and instead reported approximately $300 per month as income from cleaning work.
Investigators also allege Duncan provided information about two relatives whom she claimed lived in her home and for whom she provided care. According to the affidavit, those relatives, her mother and uncle, had already died when documents were submitted in their names. Investigators further alleged the relatives had lived in Louisiana rather than Colorado.
The affidavit also alleges Duncan failed to disclose her husband, Larry Duncan, as a member of her household. Investigators said his employment with the U.S. Postal Service and veterans benefits would have affected the household's eligibility for the assistance she received.
Duncan was reelected to the Fountain City Council in 2023. She resigned from the council in September 2025 following the announcement of the criminal charges.
At the time, Duncan said her decision to step down was not an admission of guilt and said she did not want questions surrounding her case to interfere with the work of the council or the trust of Fountain residents.
Duncan's case has already experienced multiple scheduling changes. Her trial, originally set for earlier in 2026, is now scheduled for Dec. 7.
The latest ruling means the criminal case will continue, although prosecutors must revise the first count in accordance with the judge's order.
Duncan remains presumed innocent unless and until proven guilty in court.
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