An indictment against state Sen. Pete Lee has been thrown out by an El Paso District Court judge, who cited erroneous information presented to a grand jury in August.

Lee, a Democrat from Colorado Springs, said Judge Eric Bentley dismissed the indictment following an hour-long hearing Friday morning. Bentley’s order is not yet publicly available, but Lee recounted the hearing to Colorado Politics shortly after the decision was handed down.

According to Lee, Bentley cited the incorrect information presented by a district attorney’s investigator to a grand jury, which returned a class 5 felony charge. According to El Paso District Court records, the case is closed.

A spokesman for District Attorney Michael Allen’s office said the criminal case does not exist, citing CRS 24-72-703. 

Lee was indicted by a grand jury in August for felony misrepresentation of his residency for voting purposes. 

“I’m greatly relieved to have this ruling handed down by the judge,” Lee told Colorado Politics. 

Lee represents Senate District 11. He is registered to vote at a rental home he owns in the district on North Sheridan Ave., which is occupied by his stepdaughter.

He also owns a home in Senate District 12, and it’s that address on West Cheyenne Rd. the indictment claimed is his permanent address.

The incorrect information presented to the grand jury came from the Colorado Supreme Court’s Office of Attorney Registration. The office submitted an affidavit in August to the district attorney stating Lee changed his address in Dec. 2019 to the Cheyenne Rd. home. Lee had filed registration paperwork on that date but had not changed his address.

The information was prominently cited at least five times in exhibits and PowerPoint presentations during the grand jury hearing by an investigator with the district attorney’s office.

The Office of Attorney Registration notified the court about the erroneous information on Sept. 15 and corrected it in an affidavit submitted on Sept. 17, according to Allen’s spokesman. Allen said he would move forward with the case despite the incorrect information. 

Meanwhile, a spokesman for Allen’s office indicated formal investigation is in process looking into state Sen. Dennis Hisey, a Colorado Springs Republican who is in a tight race that could determine control of the state Senate.

Hisey lived in Fountain until he moved into an apartment in southeastern Colorado Springs late last year to run for the Senate District 11 seat. Hisey still owns the home in Fountain from which he was first elected in 2018, leading to allegations similar to those leveled against Lee.