Preliminary hearing set for Aspen man who allegedly supplied liquor to minor

Wyatt Haupt Jr.
The Aspen Times
Aspen, CO Colorado

ASPEN ” A preliminary hearing was set Monday in the case against Landin Smith of Aspen, who faces four felonies that stem from a series of alleged incidents with a 15-year-old girl.

Smith, 44, is accused of four counts of contributing to the delinquency of a minor. He faces as many as 24 years in prison if convicted.

The hearing is set for 1:45 p.m. June 1 in Pitkin County District Court, at which time a judge will determine if there is enough evidence to hold Smith over for trial.

Each count reflects an incident in February, when Smith allegedly supplied alcohol to the youth. The crimes occurred on Feb. 6, Feb. 10, Feb. 15 and Feb. 19 in Aspen, according to court documents.

Aspen police took Smith into custody on March 25 after Judge Erin Fernandez-Ely signed a warrant for his arrest. He was arrested for another alleged incident with the same youth that apparently happened in the vicinity of Rubey Park.

Smith was charged with two felonies in that case ” contributing to the delinquency of a minor and unlawful sexual contact. He was also charged with one related misdemeanor.

Chief Deputy District Attorney Arnold Mordkin filed a motion to dismiss the two felony counts that stem from the March 25 arrest. Senior Judge Edwin G. Ruland approved the request Monday. The misdemeanor count stands.

In other court issues, a motions hearing was set for May 18 for suspected drug dealer Devin Schutter of Aspen. Public defender Stephen McCrohan filed two motions in Pitkin County District Court last month.

One motion calls for sanctions against Mordkin. One of the proposed sanctions would have the prosecutor removed from the case; the other requests that a special prosecutor be appointed.

Schutter was arrested Feb. 20 at his mother’s Aspen home. He and Elizabeth Klempf were found by police in Schutter’s bedroom during the execution of a search warrant, a court document says. The search allegedly turned up a number of drug-related items, including cocaine and products used to “cut,” weigh and package the material.

Klempf later pleaded guilty to cocaine possession. She received a year of probation and was ordered to perform 50 hours of community service.

Schutter is accused of multiple felonies. The counts against him range from intent to distribute cocaine to possession of a schedule II controlled substance.

The count for dealing cocaine carries a maximum penalty of 96 years in state prison.

He is free on bond of more than $400,000.

Also, Mark Montijo, 38, of Aspen made his first court appearance after he was arrested for allegedly assaulting two men outside Eric’s Bar about 2 a.m. Saturday. One victim was knocked unconscious, authorities said.

Montijo faces two second-degree felony assault counts. He is to next appear in court at 10:30 a.m. May 18.


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