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Wednesday, December 28, 2005

Local man charged with attempted murder



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An Aspen man who allegedly stabbed a co-worker in the face with a kitchen knife during a night of drinking was charged with first-degree attempted murder Tuesday.

Kevin Gibson, 37, was arrested early Sunday and was originally charged with attempted first-degree assault. Prosecutor Andrew Heyl filed the attempted murder charge, along with a count of second-degree assault and a bail violation charge, during Gibson's advisement Tuesday. His bond was raised from $2,750 to $75,000.

The victim, who said he worked for the suspect laying tile, and Gibson had apparently been arguing over a client Saturday night at Gibson's residence at the Tyrolean Lodge. Alcohol fueled the fight, according to the arrest warrant, and Gibson allegedly went into the kitchen, grabbed a knife and stabbed the victim in the left side of his face.

The knife hit the victim's jawbone. Had it not, "the injuries would have been a lot more severe," Aspen police Sgt. Steve Smith said. An emergency room doctor said the injury did not constitute "serious bodily injury," the warrant says.

But Tuesday, Heyl said the fact that Gibson walked into the kitchen and grabbed the knife indicated deliberation, the central element in any first-degree murder case, attempted or otherwise.

In addition, the victim said he thought Gibson was going to kill him, Heyl said. The victim told police Gibson kept swinging the knife at him, the warrant says.

If found guilty of attempted murder, the suspect could get anywhere from eight to 24 years in prison and fines ranging from $5,000 to $1 million; mitigating circumstances could lower the sentence to four years, while aggravating conditions could mean a maximum of 48 years.

The second-degree assault charge carries a presumptive sentence of two to eight years and fines of $2,000 to $500,000; with extraordinary circumstances, the term could be lowered to one year or raised to a maximum of 16 years.

Gibson's next court date is Jan. 9.

Chad Abraham's e-mail address is chad@aspentimes.com


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