DA drops drug case against Aspen man
The Aspen Times
Aspen CO, Colorado
ASPEN ” The District Attorney’s office has dropped a cocaine possession charge against an Aspen man who faced two to six years in prison has he been convicted of the alleged crime.
The move was approved only a few days after District Court Judge James Boyd ruled that David Ives was unlawfully detained by Aspen police officers in March outside the J Bar, and the subsequent search and seizure was illegal.
That meant any evidence collected, and statements made by Ives following his detention, could not be used at trial, effectively ending the prosecution’s case. Boyd’s ruling was made Nov. 17.
One day later, on Nov. 18, the DA’s office filed a motion to dismiss the case, stating that, following the court’s ruling, “there is now insufficient evidence to prove the elements of the charges in this case against this defendant beyond a reasonable doubt.”
District Court Judge Denise K. Lynch signed an order to dismiss on Nov. 21.
Ives was arrested on the evening of March 4, after authorities received a tip regarding a possible drug deal at the popular watering hole along East Main Street. The person who reported the incident said the alleged dealer, Emily Billing, and Ives, discussed a figure or dollar number.
Although there was no report of what they were talking about beyond a number that’s describe in legal documents as “25 each,” police acted on that information leading to arrests of Billing and Ives.
Both Billing and Ives were found to be in possession of cocaine. Each posted $10,000 bond and were released from the Pitkin County jail the same night they were arrested.
Billing pleaded guilty in July to possession of more than a gram of cocaine and was given a three-year deferred sentence, meaning the charge will be dropped if she completes the terms of her probation.
She was also ordered to complete 75 hours of public service and cannot do drugs.
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A local man with a history of police troubles was arrested twice on Saturday, five days after a district judge let him out jail on his own recognizance.