Carbondale man sold pot, pipe to 12-year-old, DA says
July 25, 2012
ASPEN – A Carbondale man turned himself into law enforcement authorities Monday on suspicion of selling marijuana to a minor, the second person to be arrested on accusations of dealing drugs to a Basalt Middle School student.
Kevin O’Donnell, 30, was advised Tuesday in Pitkin County District Court that he faces five felonies, including distribution of marijuana to a minor younger than 15 and conspiracy to commit distribution of marijuana to a minor younger than 15. Judge Erin Fernandez-Ely set his bond at $1,000.
The pending charges against O’Donnell come after the 9th Judicial District Attorney’s Office, on May 11, secured a warrant for his arrest as details emerged about his alleged role in the transaction.
Initially, only one person had been a suspect – now-21-year-old Joshua Stump, of Basalt. Police arrested Stump in June 2011 on allegations that he had sold marijuana to a sixth-grade student at BMS, who was caught with the drug, along with a classmate, by school administrators in May 2011.
One of the students later told his grandmother it was Stump who sold him the marijuana, according to court filings. The grandmother, in turn, told Basalt Police Officer Brian Lemke, who crafted a warrant for Stump’s arrest.
But further investigation revealed that Stump was not acting alone, according to an affidavit written in April by Edward Piccolo, an investigator for the District Attorney’s Office.
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According to Piccolo’s affidavit, supplied as a factual basis to obtain a warrant for O’Donnell’s arrest, the student actually paid $40 to O’Donnell for some marijuana and a pipe, while the transaction took place at Stump’s home, and it was Stump who brokered the deal. Piccolo’s affidavit based its allegations on interviews with the sixth-grader and Stump.
In April, Stump pleaded guilty to attempting to sell marijuana to a person younger than 15.
“He was not the person (who sold the marijuana),” Fang told District Judge Gail Nichols at the time of the plea hearing. “He had a marginal connection in complicity.”
Nichols put Stump, who had no previous criminal record, on one year of supervised probation and gave him a deferred judgment, which means that the felony conviction will be expunged from his record provided he stays out of trouble through April.
Prior to Monday’s arrest, O’Donnell’s criminal record includes arrests on suspicion of marijuana possession and driving under the influence in Garfield County, according to Piccolo’s statement.