The Colorado Court of Appeals ruled in a 2-1 vote that Moffat County police did not
violate the rights of a Moffat County woman during her 2-hour supervision in 2017
during which they did not read her Miranda rights. 44-year-old Rachel Niemeyer was
found Guilty of Murder by a jury in 2018 for the shooting death of her husband Michael
Freese. The incident reportedly took place at the Bear Valley Inn in Craig. Freese was
transported to the hospital but died the next day. At the time, Niemeyer told officers that
the pair had been drinking heavily and were “messing around” with a rifle that they
thought was unloaded. Niemeyer also told officers they may have gotten into an argument
as well. The judge sentenced Niemeyer on August 14th, 2018 to 18 years in prison for her
husband’s death. Niemeyer appealed because following the shooting she was brought to
the police station for police to gather potential evidence, such as seeing if gunshot residue
was on her hands. During that time she was not read her Miranda rights. In the meantime,
she waited in an interrogation room all the while making incriminating statements. Two
of the three Appeals Court judges concluded that while Niemeyer could not readily leave,
her position did not reach the degree of resembling an arrest, in which case Miranda
rights would have to have been read.
