GILPIN COUNTY - A First Judicial District Court judge on September 12 sentenced Jaymz Bitner to 24 years in the Colorado Department of Corrections for second-degree murder, followed by five years of parole. The decedent was his adoptive father, James Bitner.

The court awarded 412 days of presentence confinement credit, and ordered $2,660 in restitution to Crime Victim Compensation, leaving any additional amounts open for later determination.

Case background and plea

Bitner, who was 18 at the time of the November 2023 offense, pleaded guilty to second-degree murder, a class 2 felony.

With the crime-of-violence enhancer, the statutory range is 16 to 48 years. Under a negotiated agreement, the parties stipulated a narrower range of 20 to 24 years. The judge selected the top of that range.

As part of the stipulation, Bitner is not eligible for Youthful Offender Services.

Prosecutor’s account

Prosecutors said the killing occurred inside a home the victim shared with Bitner. The victim was shot in the head, wrapped in blankets and sheets. Items including feminine hygiene products were added as an apparent insult.

The body was taken to a remote area near Mirror Lake, Wyoming, and buried in a shallow grave.

The court heard that Bitner and Jason Skyler Silva Babcock tried to conceal the crime and solicited help from Nicholas Stone shortly after the killing. 

When their vehicle later ran out of gas, they summoned a friend and, according to prosecutors, used the victim’s gold coins to pay for fuel. Thousands of dollars in coins were later pawned to fund Bitner’s lifestyle after the death, prosecutors said.

The DA’s office reported that it charged the highest provable offense, then dismissed remaining counts under the plea.

The office cited three reasons for agreeing to the 20–24 year range: Bitner’s lack of significant prior criminal history, his non-traditional upbringing without consistent schooling, and limited medical care. 

Prosecutors asked the court to “acknowledge the aggravated nature of the offense” and to select a sentence within the agreed range.

Investigators recognized in court included Gilpin County Sheriff’s Office Investigator Chris Lucier, and Albany County (Wyoming) Sheriff’s Office Detective Sergeants Brendon Curtis and Jeff McKinney.

Defense mitigation

Defense counsels Lindsay Stone and Lauren Bushong described an upbringing marked by instability and neglect. 

According to the presentence report and a court-ordered psychological evaluation, Bitner received little formal education after early elementary grades, likely has dyslexia, had minimal medical and dental care, and was exposed to substance use and firearms from a young age. 

While jailed, he began mental-health treatment and medication. The defense said Bitner hopes to earn a GED, pursue job training and dog-handling programs in DOC, and continue treatment for substance use disorder.

Victim impact statements

Three victim impact statements were before the court.

Patrick Bitner, brother of the decedent, spoke at the hearing, objecting to the plea terms and asking for a lengthy sentence, a formal apology, and community service aimed at gun-violence prevention and mental-health awareness. 

A letter from sister Kirsten Bitner, read into the record, described the family’s history and said she felt safer with her father gone while also grieving the defendant’s ruined young life.

The family noted their loved one’s body remained on a medical examiner’s table for an extended period because of the multi-state investigation.

Judge’s reasoning

In announcing the sentence, the judge said the court weighed both aggravating and mitigating factors. 

Aggravators included “the nature of the offense and the cover-up,” the transport and burial of the body, and the theft and use of the victim’s property. 

Mitigators included Bitner’s youth, trauma history, mental-health and substance-use issues, and non-traditional upbringing.

The judge stressed that the criminal justice system “is not perfect,” cannot answer every “why,” and cannot remove the family’s grief. She said Bitner will likely re-enter the community given his age and urged him to use DOC programs, including therapeutic community treatment, to address trauma and substance use.

Other matters

The court noted a prior restitution filing for $5,536.84; only the $2,660 amount was stipulated at sentencing, with other claims left open for future determination.

Evidence-return and administrative “house-cleaning” items will be handled between counsel.

A related case for Jason Skyler Silva Babcock, age 20, remains pending in Gilpin County. He was booked on February 26, 2025, on multiple counts including accessory to a class 1 or 2 felony, with bond set at $40,000.

Prosecutors noted that Babcock allegedly helped conceal the crime, and his charges are moving forward separately from Bitner’s case.