O cials update neighbors on house tied to explosives

BY ELISABETH SLAY ESLAY@COLORADOCOMMUNITYMEDIA.COM

Representatives from the City of Englewood and the Englewood Police Department held a meeting July 20 for citizens who feel the city “is not what it used to be,” with the purpose of addressing concerns regarding the home at 4945 S. Delaware St.

Neighbors living near the property expressed their fears and frustration about the residence, including a suspected bomb-making operation, allegations of drug activities and extreme hoarding.

e gathering was held on the street in front of the home.

One neighbor said he’s disheartened that history is repeating itself.

“It’s like a joke. Everybody keeps referring to this house in Englewood. It doesn’t matter who I speak to, if it’s a city council member, if it’s a police o cer, they all know about this property,” he said. “We’ve been told what to do, write down plates, get cameras, do all these things, and it’s at a point in time where it gets frustrating calling all the time because things don’t get done.” e owner of 4945 S. Delaware St., Michael Steven Lubotsky, 50, and another man, Brian Gessing, 51, were formally charged by the 18th Judicial District Attorney’s O ce July 6 for allegedly making explosives on the property, which they were arrested for June 29. eir arrests came just one day after the city issued a condemnation notice because the property was deemed “un t for human occupancy,” documents state.

According to Englewood Police Division Chief Tracy Jones, Lubotsky is facing a charge of possession of an explosive device and Jones said EPD believes he is staying with a friend in Littleton.

“ e case is in district court right now. I think he has been advised of everything,” Jones said.

According to Eric Ross media relations director at the 18th Judicial District Attorney’s O ce, Lubotsky’s bond was $5000 cash or surety which he posted. Ross explained a judge set a $5000 bond cash or surety for Gessing on June 29, then changed it to a $1000 bond cash or surety on July 3 and then changed it to a $5000 personal recognizance bond on July 6.

Gessing is also facing a charge of possession of an explosive device and a drug paraphernalia possession charge.

Both men are scheduled to appear in court for preliminary hearings July 31, with Gessing at 9 a.m. and Lubotsky at 10 a.m. at the Arapahoe County Justice Center.

Jones said EPD and other agencies found apparent bomb-making materials, cut PVC pipe, and explosive ingredients including potassium nitrate at the house.

He said various materials taken from the home are being analyzed. At the meeting, the o cer stated EPD is hoping the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives or the FBI will take over the case.

“If the ATF, DEA, whoever decides the case is worthy for them to take and they can prosecute it, then they will go through the forfeiture procedure and they can take the house,”

Jones said.

He said this is one of the ways the city could recover taxpayer funds used to clean up the house, which the city is doing after issuing an emergency abatement order on July 7.

According to City Manager Shawn Lewis, the abatement prevents Lubotsky and any unauthorized people from entering the property for now.

“Right now, the city is bearing all the cost of the boarding, the securing

5.00% the fences, the removal of all the materials from outside and the removal of all the materials from inside the house, all of that is on the taxpayer dime on the City of Englewood,” he said. e city manager explained to ensure the city is reimbursed, it will add up all the costs plus an administrative fee and put a lien on the property which stays with it and is led with the county.

“When the county assessor sends the tax bill in 2024, [Lubotsky] will have to pay that or [he] will be delinquent in taxes and until [he] gets that paid, [he’s] in danger of having the city foreclose on [the] lien,” Shawn Lewis said.

He said the Arapahoe County Health Department is involved with aspects of the property including suspected meth contamination and potential issues with vermin, which residents mentioned were becoming a problem.

“Now that we have preliminary positive meth reports, that goes to Arapahoe County Public Health to basically determine the abatement and mitigationplan for that,” Shawn Lewis said.

During the meeting, Code Enforcement Division Manager Dave Lewis Jr. said Lubotsky must comply with the Arapahoe County Health Department and the city before he will be granted access to his house.

However, Shawn Lewis said if Lubotsky does comply with all entities and he pays o the lien then he can return to the property.

Many residents at the July 20 meeting asked whether the city could prevent Lubostky from returning to the residence, describing the property as a problem for many years.

According to EPD call logs from the last ve years, o cers have responded to various complaints at or near the property. e records show the calls included welfare checks, verbal disturbances, domestic violence complaints, noise complaints, assaults and more.

Additionally, documents show Lubotsky was convicted of possession of meth precursors in a case stemming from 2007 and was convicted of obstruction in connection with a 2012 drug investigation.

When asked about past code enforcement issues at the meeting, city o cials said at times Lubotsky complied to address issues the city brought forward.

Shawn Lewis said despite the homeowner’s past the city can’t simply take away his property.

“I am not aware of a path for the city to permanently keep the owner from returning to the property,” he said. “In terms of levels of government, the city has less authority than the other levels of government at the state and federal level.”

He also said that since the property is in a remediation abatement status, that grants Lubotsky the opportunity to “cure” issues with his property.

During the meeting, Shawn Lewis told the crowd he understands their frustrations and assured them that the city is trying to take an aggressive approach to resolve the issues with this property.

Other city o cials in attendance, including Police Chief Sam Watson and District 4 Councilmember Steve Ward, encouraged residents to remain engaged by reporting any activity around the property to the EPD non-emergency number, 303-7617410, calling their councilmembers with any issues, registering for the Engle x app to le complaints and appointing a spokesperson for the neighborhood to voice concerns at future court proceedings or meetings involving the property.

City o cals said they will continue montoring the property.

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