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Woman convicted in Fremont County double murder after original prosecutor disqualified

The final co-conspirator charged in the 2022 Phantom Canyon murders was found guilty by a Fremont County jury on Wednesday, nearly wrapping up a case that had two prosecution teams after the first one was disqualified.

Toni Gurule, 45, was the last of three co-defendants found responsible for the deaths of Rodolfo “Rudy” Santillan-Reyes, 36, and Ryan Roth, 25. Co-defendants Anthony Fogle, 49, and Suzzette Salyer, 45, took plea deals. Fogle, who has yet to be sentenced, was given 16—25 years off his sentence for testifying against Gurule during the trial. Salyer was sentenced to 25 years in early July.

Mugshots of Toni Gurule (top left), Suzzette Salyer and Anthony Fogle. (Courtesy of Fremont County Sheriff's Office)
Mugshots of Toni Gurule, top left, Suzzette Salyer, top right, and Anthony Fogle. (Courtesy of Fremont County Sheriff’s Office)

The jury deliberated for less than two hours and returned with their findings that Gurule was guilty on two counts of second-degree murder and two counts of accessory to murder.

In an interview, 12th Judicial District Attorney Anne Kelly expressed hope that the guilty verdict will change the narrative of a case that was scrutinized over its handling by the state.

Eyes were drawn to Gurule’s case after 11th Judicial District Attorney Jeff Lindsey and his entire staff were removed as prosecutors after Judge Lauren Swan found a “pattern of neglect” by Lindsey and his office due to their failure to share evidence with the defense in Gurule’s case and at least 22 others since Lindsey took over in 2024.

Kelly stepped in as a special prosecutor three weeks before the trial date, managing to pull all of the pieces together to get justice for the victims and their families, she said.

Gurule’s attorney, Josh Tolini, said in a written statement that they are “obviously disappointed” with the jury’s decision but still respect the process. He said they plan to appeal the verdict.

Kelly said the “herculean effort” by her and her team to prepare made it the most “gratifying” case she’s ever worked on.

She also emphasized it is critical that prosecutors get the conviction the right way.

“We are not about winning at all costs. We are wearers of the white hats, and I take a lot of pride in the fact that we are held to a higher standard — most prosecutors are like that,” she said.

At the crux of the violations in Gurule’s case was a 2021 plea deal Lindsey offered to Fogle that an expert testified was “extraordinary.” The offer, which hadn’t been disclosed to the defense, lowered Fogle’s several violent felony-level charges to a traffic infraction. He then was unofficially made a confidential informant for some time until he signed paperwork to make it official. After his release from jail, Fogle was hired as the muscle to aid in the murder of Roth and Santillan-Reyes.

While she would not have offered the same deal, Kelly said she would have given him one since it led to the arrest of Jason Bumgarner in September 2021 in the biggest drug bust in Cañon City. The Fremont County Sheriff’s Office seized more than 50 pounds of raw, cultivated marijuana, three pounds of methamphetamine, 29 guns and four stolen cars in the bust.

“There was no way anyone could’ve predicted he would’ve been involved in a murder after,” she said. “In this world, those kinds of plea offers to get even more dangerous individuals are something law enforcement chooses to do every day.”

Gurule will appear in court again on Nov. 6 for her sentencing hearing.



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