Local man probation, jail for pot charge | AspenTimes.com

Local man probation, jail for pot charge

Kevin DeCarlo received 90 days in jail and a five-year probationary sentence yesterday, following a June guilty plea to possession of more than a half-pound of marijuana, a class 5 felony.

DeCarlo, 30, of Aspen, was sentenced by Judge J.E. DeVilbiss in Pitkin County’s 9th Judicial District Court Monday afternoon. He will serve the first week of his jail term strictly behind bars. However, next Monday, DeCarlo will be eligible for work and treatment release from the Pitkin County Jail.

“I appreciate your candor,” DeVilbiss said to DeCarlo, just prior to sentencing. “And when you told me you were afraid today, I hope that’s true … I find you imminently worthy of a probationary sentence.”

DeVilbiss also ordered that DeCarlo abstain from alcohol and drugs during his five-year supervised probation; that he attend relapse prevention therapy; and that he complete 100 hours of useful public service and pay all court costs and fees.

DeCarlo was arrested in an April Drug Enforcement Agency investigation which uncovered 51 marijuana plants, a sizable quantity of additional marijuana and three firearms at DeCarlo’s Aspen residence. The DEA subsequently turned the case over to local authorities because it was reportedly too small to prosecute in federal court.

A charge lodged against DeCarlo for possession of marijuana with the intent to distribute and a “special offender” charge – related to a safe in which DeCarlo had stored marijuana along with three firearms and cash – were dismissed as part of the June 7 plea agreement.

“I made some poor choices in my life because of my drug addiction,” DeCarlo said, when given the chance to address the court. “I realize how serious these things are that I have done … And I’m working on it right now, I’m sorry.”

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