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Grand County Court Report

Editor’s note: The Sky-Hi News is attempting to catch up on the Court Report and make it a regular feature again by publishing the sentencing reports from the District and County courts at Hot Sulphur Springs from September-December 2010. The following are September’s sentencings.

In order to streamline this process, those convicted of driving under the influence and driving while ability impaired will be listed without all the details of their individual sentences unless the sentence entails non-standard conditions. DUI and DWAI sentences often, but not always, include largely suspended jail sentences of up to a year, probation with alcohol supervision, fines, court-ordered alcohol education and therapy, and alcohol abstention requirements.

September 2010



Victor Acevedo, 27, of Granby, was sentenced to three years in the Colorado Department of Corrections (DOC) with credit for 148 days served and two years of mandatory parole after entering a guilty plea on one count of attempted sexual assault on a child. One count of sexual assault on a child – pattern of abuse, 17 counts of sexual assault on a child, one count of contributing to the delinquency of a minor, and seven counts of felony bail bond violations were dismissed. He was also ordered to pay $3,194.43 in fines and costs. In a separate case, he was found guilty of felony menacing and was sentenced to one year in DOC with credit for 142 days served, consecutive to above, with one year of mandatory parole. He was also ordered to pay $508 in fines and costs. In a third case, Acevedo was found guilty of attempted 2nd degree burglary and was sentenced to two years in DOC, consecutive with above, and two years of mandatory parole. He was also ordered to pay $5,232.15 in fines and costs. In a fourth case, he was found guilty of one count of felony violation of bail bond conditions and was sentenced to one year in DOC with credit for 141 days served, consecutive with above, and one year of mandatory parole. He was also ordered to pay $508 in fines and costs. In a fifth case, he was found guilty of 3rd degree assault knowingly/recklessly causing injury and was sentenced to one year in jail with credit for 142 days served, concurrent with above, and was ordered to pay $248.50 in fines and costs. And finally, in a sixth case, Acevedo was found guilty of criminal mischief under $100 and was sentenced to six months in jail with credit for 147 days served, concurrent with above, and was ordered to pay fines, costs and restitution of $725.61.

Gabriel P. Spaulding, 29, of Westminster, was found guilty of attempted felony theft from the person and was sentenced to 30 days in jail with credit for nine days served and three years of probation. He was also ordered to pay fines, costs and restitution of $15,506.77, to perform 50 hours of community service, to write letters of apology to the victims, and to abide by a restraining order while on probation. In addition, he was found guilty of theft $500-$1,000 and was sentenced to 30 days in jail with credit for nine days served and three years of probation, concurrent with above. He was also ordered to pay $1,981.47 in fines, costs and restitution, to perform 50 hours of community service, to write letters of apology to the victims, and to abide by a restraining order while on probation. In two other separate cases, he was found guilty on two counts of driving while ability impaired, for which he was sentenced to concurrent jail and probation terms as listed above. He was also ordered to pay a total of $1,099 in fines and costs, to perform another 168 hours of community service, to complete Level II alcohol education and 42 hours of alcohol therapy and to abstain from alcohol during probation and treatment.



David W. Evans, 54, of Granby, was found guilty of contributing to the delinquency of a minor and possession of one-eight ounces of marijuana and was sentenced to 120 days in jail with 90 days suspended and credit for one day served and 593 days of probation. He was also ordered to pay $3,708.30 in fines and costs.

Clarence Mario Archuleta, 44, of Granby, was found guilty of criminal violation of a protection order and was sentenced to 519 days in jail with credit for 81 days served and 438 days suspended and two years of supervised probation. He was also ordered to pay fines and costs of $1,412.50 and to undergo a violence evaluation.

Dakota S. Russell, 19, of Hot Sulphur Springs, was found guilty of distribution of a controlled substance and was sentenced to 365 days in jail with 361 days suspended and credit for four days served and two years of supervised probation. He was ordered to pay fines, fees and costs of $2,114.50, to complete 100 hours of community service and to undergo an alcohol and substance abuse evaluation and comply with its recommendations.

Leslye M. Flaherty, 22, of Leawood, Kan., was ordered to pay $6,064.15 in costs, fines and restitution after being found guilty of dog at large causing bodily injury.

Keith D. Onken, 53, of Granby, was found guilty of harassment – strike/shove/kick and was sentenced to 365 days in jail with 364 days suspended and credit for one day served and two years of supervised probation. He was also ordered to pay $1,412.50 in costs and fines.

Michael W. Sherland, 48, of Golden, was found guilty of harassment – telephone – threat/obscene and was sentenced to 15 days in jail with credit for 4 days served and two years of unsupervised probation. The defendant was also ordered to pay $1,655.85 in fines and costs.

Artemio Galvan, 19, of Granby, was found guilty of criminal violation of a protection order and was sentenced to 365 days in jail with 364 days suspended and credit for one day served and one year of supervised probation. He was also ordered to pay $812.50 and to undergo a violence evaluation and comply with its recommendations.

Alan Barnes, 45, of Granby, was found guilty of misdemeanor violation of bail bond conditions and was sentenced to 180 days in jail with credit for 180 days served. He was also ordered to pay $248.50 in fines and costs. In a separate case, he was found guilty of obstructing a peace officer and was sentenced to 90 days in jail with credit for 52 days served. He was ordered to pay $409.50 in fines and costs.

Kelley D. Zwahr, 48, of Hot Sulphur Springs, was fined $556.50 for possession of two to six ounces of marijuana.

Edward Lee Rush, 53, of Grand Lake, was found guilty of harassment – strike/shove/kick and was sentenced to eight days in jail with credit for eight days served and one year of probation. He was also ordered to pay fines and costs of $1,082 and complete violence treatment.

Rhys M. Robertson, 29, of Winter Park, was found guilty of possession of 1 to 8 ounces of marijuana and was sentenced to 365 days in jail with 305 days suspended and credit for 12 days served and four years of unsupervised probation. The defendant was also ordered to pay $877 in fines and costs.

Debra A. Mathews, 53, of Burlington, was found guilty of possession of 1 to 8 ounces of marijuana and was sentenced to 60 days in jail (suspended) and two years of unsupervised probation. She was also ordered to pay $996 in fines, fees and costs, to perform 96 hours of community service and to complete a treatment program.

Shannon W. Smith, 38, of Grand Lake, was given a deferred sentence of two years of supervised probation on a charge of 3rd degree assault – knowingly/recklessly causing injury. She was also ordered to pay $1,537.50 in fines, fees and costs, to perform 40 hours of community service, to undergo a violence evaluation and to make a $250 contribution to The Advocates. In a separate case, she was fined $53.50 for a dog at large.

DUI – The following people were found guilty of or given deferred sentences for driving under the influence: Anthony D. Schneider, 30, of Minot, S.D., (also guilty of failure to display proof of insurance and driving a defective vehicle); Brandon E. Fasso, 25, of Granby (also guilty of disorderly conduct – fighting in public, 180-day jail sentence (suspended, 36 hours community service and $28.50 fine); Justine Nicole Archuleta, 23, of Walden (also guilty of failure to provide proof of insurance and speeding more than 25 mph over the limit).

DWAI – The following people were found guilty of or given deferred sentences for driving while ability impaired: Stephen D. Rine (two counts), 51, of Grand Lake; Steven Robert Collins, 22, of Fort Collins (also guilty of driving an unsafe/defective vehicle); Cory R. Eardly, 24, of Lakewood, Ohio (also guilty of careless driving); Brain J. Wilcox, 32, of Winter Park (also guilty of improper mountain driving and ordered to pay $1,000 in restitution); Jesus Rodriguez-Raygoza, 27, of Granby; Dalton G. Elliot, 22, of Granby (deferred sentence); Ann F. Auchincloss, 47, of Tabernash.

Shawn Murphy, 42, of Grand Lake, was given a deferred sentence of two years of unsupervised probation on a charge of reckless endangerment. He was ordered to pay $184.50 in fines and costs, to perform 24 hours of community service, to refrain from all alcohol use for one year and to make a $250 contribution to Operation Game Thief.

Collin Steward, 25, of Grand Lake, was given a deferred sentence of two years of unsupervised probation on a charge of reckless endangerment. He was ordered to pay $184.50 in fines and costs, to perform 24 hours of community service, to refrain from all alcohol use for one year and to make a $250 contribution to Operation Game Thief.

Merritt C. Diaz, 18, of Lone Tree, JB Dillion, 20, of Aurora, Fletcher Flanigan, 19, of Kremmling, Robert Wayne Johnson, 20, of Kremmling, Chenoa Marie King, 20, of Boulder, Dontell L. Kirk-Jackson, 20, of Granby, and Brenden Wilsey, 18, of Kremmling, were given deferred sentences for underage possession/consumption of alcohol of six months of unsupervised probation. They were fined $26-$28.50 apiece, were ordered to perform 24 hours of community service, to pay an administrative fee, to undergo alcohol evaluations and comply with their recommendations, and to each make a $250 contribution to Mountain Family Center.

Louis Eugene Farrell III, 20, of Parshall, was given a deferred sentence of six months of unsupervised probation for disorderly conduct – fighting in public. He was fined $26 and was ordered to perform 24 hours of community service, to pay an administrative fee, and to make a $150 contribution to Mountain Family Center.

Cole Devin Wilsey, 22, of Kremmling, was given a deferred sentence of six months of unsupervised probation for disorderly conduct – fighting in public. He was fined $26 and was ordered to perform 24 hours of community service, to pay an administrative fee, and to make a $250 contribution to Mountain Family Center.

George D. Jimas, 52, of Fraser, was fined $212.50 for violation of a civil protection order.

Dana E. Luethy, 48, of Tabernash, was found guilty of driving after revocation and was sentenced to 30 days in jail with credit for five days served. The defendant was also ordered to pay $259.50 in fines and costs.

Maureen Mooney, 33, of Granby, was given a deferred sentence of one year of unsupervised probation on a charge of 3rd degree assault – knowingly/recklessly causing injury. She was ordered to pay $184.50 in fines and costs, to perform 40 hours of community service and to make a $200 contribution to The Advocates.

Gary A. Warrior, 33, of Craig, was fined $286.50 for possession of drug paraphernalia, driving without a driver’s license, and failure to use a child restraint.

Ricky A. Williamson, 50, of Westminster, was given a deferred sentence of one year of unsupervised probation on a charge of theft under $500. The defendant was ordered to pay $284.50 in fines, fees and costs, to perform 24 hours of community service and to contribute $250 to Mountain Family Center.

Jessy A. Corcorran, 18, of Granby, was given a deferred sentence of one year of unsupervised probation on a charge of theft under $500. The defendant was also ordered to pay $106.50 in fines and costs and to perform 70 hours of community service.

Tyler Jenson, 20, of Kremmling, was given a 180-day suspended jail sentence, three years of unsupervised probation and was fined $209.50 for violating a restraining order. He was also ordered to pay a $100 administrative fee and to perform 24 hours of community service.

Christopher P. St. Peter, 20, of Granby, was found guilty of 3rd degree trespassing as was sentenced to 180 days in jail (suspended). He was also fined $28.50 and ordered to perform 30 hours of community service.

Gary Gates, 56, of Grand Lake, was found guilty of disorderly conduct – offensive gesture and was sentenced to five days in jail (suspended) and one year of unsupervised probation. He was also ordered to pay fines, fees and costs of $184.50, to complete 24 hours of community service and to make a $250 contribution to Operation Game Thief.

Ryan Masterson, 18, of Kremmling, was fined $228.50 and ordered to perform 24 hours of community service possession of under one ounce of marijuana. In a separate case, he was fined $78.50 for possession of under one ounce of marijuana.

Kimberly K. Jacobs, 46, of Granby, was found guilty of disorderly conduct – offensive gesture and was sentenced to one year of unsupervised probation. She was also ordered to pay fines, fees and costs of $153.50 and to complete 24 hours of community service.

Martin Vazquez-Magana, 26, of Granby, was fined $506.50 for driving without a license and improper mountain driving.


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