Aspen man pleads guilty to assaults
The Aspen Times
Aspen, CO Colorado
ASPEN ” A local man settled three separate criminal cases by pleading guilty to three felonies Monday.
Kevin A. Gibson, 39, pleaded guilty to first-degree criminal trespass, third-degree assault with domestic violence and possession of less than one gram of cocaine.
As part of the plea bargain, Deputy District Attorney Gail Nichols agreed to waive the two-prior felony rule, which states defendants with two prior felonies are ineligible for parole.
The first criminal case against Gibson stemmed from a June 9 incident in which he broke into a home in the North Forty neighborhood just west of Aspen and assaulted a woman.
The second case stems from a bond violation in which Gibson is accused of having contacted a protected witness in the original case.
Gibson already had pleaded guilty to the first-degree criminal trespass and third-degree assault when he was caught cutting cocaine in the Bentley’s at the Wheeler bathroom in December.
The third case involves possession charges from the night at Bentley’s, which occurred less than 12 hours after he pleaded guilty to the other two charges.
Numerous charges were dropped Monday, including multiple bond violations and other criminal counts related to the June 9 incident.
District Judge James Boyd left open the possibility of a hearing on restitution for the next 90 days.
The first two convictions carry penalties of up to five years in jail and fines up to $100,000. The possession conviction carries a possible penalty of up to 18 months in jail.
Deputy District Attorney Gail Nichols agreed to have the sentences run concurrently and said she will not oppose a recommendation of community corrections.
Gibson is scheduled to be sentenced at 1:45 p.m. March 17.
– A Snowmass man who destroyed an apartment without realizing most of the items he ruined belonged to someone he did not know received a four-year deferred sentence Monday.
Savan Prak, 23, of Snowmass Village, pleaded guilty to felony criminal mischief in mid-January.
According to court documents, Prak had a dispute with another man regarding money. Prak went to the victim’s apartment and destroyed many of the items in the apartment without realizing they belonged to the man’s roommate, Aaron Kleidon.
“It’s an awkward thing to do to say you are not the target,” defense attorney Garth McCarty said. “[Prak] is really ashamed of himself. The person who was targeted owed [Prak] significant amounts of money.”
Prak destroyed nearly $15,000 worth of camera equipment belonging to Kleidon. Kleidon also claimed that nearly $30,000 worth of negatives destroyed.
Prak agreed to pay restitution of $14,489.67 to Kleidon and $1,768.36 to the Aspen Skiing Co., owner of the apartment.
A restitution hearing is scheduled for 3 p.m. April 21 to determine whether Prak will be required to pay for the negatives.
– District Judge James Boyd ruled that a man convicted of felony forgery had violated the terms of his probation despite the strong objections of defense attorney Garth McCarty.
Rudolph Alvarado, 63, pleaded guilty to felony forgery of a check in December 2006 as part of a plea deal that saw four other felony charges dropped. Alvarado agreed to nearly $4,000 in restitution for checks he wrote to himself for roughly $700 each while working as a bookkeeper at ABCD Soderberg, a company that does handyman work around the valley.
Judge James Boyd ruled that Alvarado had not done his community service or had not provided documentation as to why he could not find the necessary work to pay restitution.
McCarty could not provide documentation of medical issues that make work impossible for Alvarado, but argued that Alvarado was medically unable to work and said probation had “suspicion goggles” on Alvarado’s activities.
McCarty argued that Alvarado is essentially indigent and should not be required to work because of the medical situation.
“This is vulgar,” McCarty said.
Deputy District Attorney Gail Nichols argued that Alvarado is a convicted felon and should have to provide documentation of some kind of illness if probation is to change the terms of his probation. On two of the three counts of violated probation, Judge Boyd agreed.
A sentencing is scheduled for 1:45 p.m. April 7.
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