Judge dismisses wrongful death lawsuit in Redwine case

Wednesday, Feb. 17, 2016 3:02 PM

A wrongful death lawsuit filed by the mother of Dylan Redwine against her ex-husband was dismissed because the case was filed after the statute of limitations expired.

A wrongful death lawsuit must be filed within two years of death in Colorado. Dylan’s remains were found June 23, 2013, and he was pronounced dead July 27, 2013, after DNA tests confirmed the remains were his.

The lawsuit was filed on July 29, 2015.

In his December ruling, 6th Judicial District Judge William Herringer said the court has no jurisdiction to hear the claim given the two-year statute of limitations.

Efforts to reach Elaine Redwine and her lawyer, Amber Harrison of Durango, were unsuccessful Wednesday.

In a phone interview Wednesday, Mark Redwine said Elaine Redwine’s lawyer should have known better than to file a “frivolous” lawsuit after the statute of limitations.

A counter lawsuit accusing Elaine Redwine of defamation is pending, he said.

Dylan, 13, went missing Nov. 19, a day after he arrived in town for a court-ordered visit with his father for Thanksgiving. The community and law enforcement organized numerous searches until finding a few bone fragments on June, 23, 2012, in a forested area about three miles northeast of his father’s home north of Vallecito Reservoir.

The La Plata County Coroner’s Office has classified the death as a homicide, and in August, the La Plata County Sheriff’s Office identified Mark Redwine as a “person of interest.” However, no arrests have been made.

The case generated national media attention, including two episodes on the “Dr. Phil” show in which Elaine Redwine accused Mark Redwine of killing their son. Mark Redwine declined repeated offers to take an independent polygraph test as part of the show.

On Wednesday, Mark Redwine blasted Elaine Redwine and her social media following for their repeated attempts to accuse him of murdering Dylan and acting in a vengeful manner toward him.

“What I don’t hear Elaine out there saying is, ‘We need to do this in a peaceful manner because that’s how Dylan would want it,’” Mark Redwine said. “Dylan doesn’t support violence, never has. He was never a violent child. He was a loving, caring compassionate person, and if you can’t respect that about him, then you ought not be talking about him.”

More than anything, Mark Redwine said he hopes the rest of Dylan’s remains will be found.

“He deserves to be laid to rest in a proper manner,” he said.