Man facing explosive device possession charge fails to appear in court

BY ELISABETH SLAY ELSAY@COLORADOCOMMUNITYMEDIA.COM

Brian Gessing, a man allegedly involved in a bomb making operation at a south Englewood home at 4945 S. Delaware St., failed to appear in court July 31.

Gessing, 51, is facing a possession of an explosive device charge and a drug paraphernalia possession charge, for which he was arrested June 29. He was charged on July 6 by the 18th Judicial District Attorney’s O ce.

Eric Ross, spokesperson for the DA’s o ce said a judge set a $5,000 cash or surety bond for Gessing on June 29, then changed it to $1,000 on July 3 before changing it to a $5,000 personal recognizance bond on July 6.

“Brian Gessing failed to appear. e [personal recognizance bond] is revoked,” Ross said. “When a party fails to appear, a warrant gets issued.” e owner of 4945 S. Delaware St., Michael Steven Lubotsky, 50, was also charged for allegedly making explosives on the property. Ross said his Lubotsky’s bond was set at $5,000 and a continuance was granted for his case on July 31. He is out on bond and his next court appearance is scheduled for Aug. 28. e two were arrested just one day after the city issued a condemnation notice because Lubotsky’s property was deemed “un t for human occupancy,” documents state.

He said a warrant for Gessing failing to appear in court will be issued shortly, and that Gessing has an existing warrant for another case involving an alleged motor vehicle theft on April 28.

Englewood Police Division Chief Tracy Jones said EPD and other agencies found apparent bomb-making materials, cut PVC pipe, and explosive ingredients including potassium nitrate at the house. e city has taken on the cost of cleaning up the property, which remains fenced o and under abatement, meaning no unauthorized people can enter the property including Lubotsky. Attempts to recover the city’s costs from the homeowners will come later. is incident was one of many that have taken place at this property in the last several years, which Englewood residents have expressed concern about.

In a meeting July 20, members of the neighborhood surrounding Lubotsky’s property gathered to speak with representatives from the city and law enforcement about the property and next steps.

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

If another agency takes over the case, Jones said the house could be seized and then sold. 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 the emergency abatement order on July 7.

Shawn Lewis, city manager, said to ensure the city is reimbursed for the clean-up e orts, 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. e city encourages 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 and registering for the EngleFix app to le complaints.

“Now that we have preliminary positive meth reports, that goes to Arapahoe County Public Health to basically determine the abatement and mitigation plan for that,” 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 13 meeting asked whether the city could prevent Lubostky from returning to the residence, describing the property as a problem for many years.

EPD call logs from the last ve years show 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.

Shawn Lewis said despite the history, the city can’t simply take away Lubotsky’s property as he has rights as a homeowner that are out of the city’s control.