Aspen suspect sniffin’ for trouble
December 19, 2007
ASPEN ” Kevin Gibson apparently picked a bad day to have a bad day.
At 3:30 p.m. on Monday, he pleaded guilty to third-degree assault and first-degree criminal trespassing. Less than 12 hours later, Gibson, 39, was fingered for allegedly cutting cocaine lines in a bathroom at Bentley’s at the Wheeler in downtown Aspen.
The latest arrest means that if Gibson is convicted, he also will be guilty of two bond violations and a new felony for possession of cocaine.
Gibson was free on bond after his guilty plea and awaiting a February sentencing on the crimes to which he pleaded guilty. Each conviction carries penalties of up to five years in jail and fines up to $105,000.
Gibson had agreed to take daily alcohol breath tests and attend three Alcoholics Anonymous meetings a week as part of his plea deal.
The plea bargain was very nearly withdrawn by Deputy District Attorney Gail Nichols after Gibson failed to appear for his court date Friday. However, Gibson turned himself in Monday and District Judge James Boyd accepted Gibson’s excuse for his failure to appear, agreed to quash the warrants issued Friday and allowed Gibson to plead to the charges as he would have done Friday.
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Gibson was being tried in two cases, one concerning 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.
Early Tuesday morning, two Aspen police officers were on routine patrol through bars in the core area. According to the arrest warrant affidavit, officer Rob Fabrocini observed Gibson through an the open door of a bathroom stall at Bentley’s.
Fabrocini could see Gibson forming cocaine into lines on the top of the toilet paper dispenser, according to court documents, and confronted Gibson.
When Fabrocini, who recognized Gibson “from previous contacts,” asked what Gibson was doing, Gibson allegedly responded, “That’s not my cocaine.”
Fabrocini and another officer, Jeff Fain, arrested Gibson, tested the alleged cocaine on the toilet paper dispenser and allegedly found a bindle on Gibson’s person. The bindle and its contents weighed 0.7 grams, according to police.