Court rejects rehab, imposes prison term
Despite an emotional plea for drug rehab, a Cortez man was sentenced to four years in prison last week.
In custody on a $50,000 bond, Gabriel Gallegos, 33, wept in court as he pleaded for a drug rehab term in connection to drug distribution charges. Gallegos, a former Cortez Journal employee, had pleaded guilty after he was arrested for selling 2 grams of meth to an undercover agent within 1,000 feet of an elementary school last November.
At sentencing on May 7, the defense argued that Gallegos relapsed after he was prescribed medication to battle mental blackouts. Prosecutors also requested a three-year term at a drug rehabilitation halfway house.
“I believe I need some help,” Gallegos told the court, saying he wanted to be a better role model for his children.
The court didn’t buy it.
“I’ve lost faith in you,” Chief District Court Judge Doug Walker said.
Walker said the defendant had received multiple breaks and that he didn’t think rehab would be beneficial.
“I wish I could give you some words of encouragement, Mr. Gallegos, but I don’t have any for you,” Walker said.
Woman pleads guilty to firearms charge
A Bayfield woman is likely to receive 12 months in prison when sentenced next week.
Arrica Yarborough, 25, pleaded guilty to a felony weapons charge on Thursday, May 7. In custody under a $1,000 bond, the deal calls for felony drug, weapon and impersonation charges in a March 25 incident to be dismissed.
If the court accepts the plea deal on May 19, the 1-year sentence could run consecutive with a case pending in La Plata County.
Immigrant pleads not guilty
Previously in the custody of federal immigration officials, a Cortez man pleaded not guilty last week in a domestic violence incident.
Yovani Sandoval, 32, was arrested on two counts of menacing and two counts of child abuse on Jan. 25. Out of custody on a $1,500 bond, he is expected to face a jury trial on Aug. 31.
After the arraignment, a public defender requested the court to modify a restraining order to allow for non-harassing contact while under continued sobriety monitoring. The victim, his wife, said she needed her husband home to help care for the children.
Prosecutors rejected lifting the restraining order, saying Sandoval was drunk when he threatened the victim with a machete. The court allowed the defendant to care for the children in the home when the victim was at work.
Woman sentenced to drug court
A Cortez woman is headed to drug court after being charged with assaulting an at-risk victim and threatening an officer with a weapon.
Out of custody on a $25,000 bond, Peggy Shaul, 52, was sentenced last week to 24 months of probation after previously pleading guilty to misdemeanor charges in connection to an incident on Nov. 22. Prosecutors said they agreed to the plea deal, saying the alleged victim was never assaulted.
The sentence includes successful completion of drug court, long-term in-patient treatment if required, a mental health evaluation, no alcohol or drugs and 48 hours of community service.
Court rejects plea deal
A Cortez man opted to face a jury this fall after the court rejected a plea deal last week.
Out of custody on a $3,000 bond, Jerry Smith, 38, appeared in court last week for sentencing in connection to multiple theft charges filed in November. In a surprise, the court rejected the plea deal, citing the defendant refused to accept responsibility for taking advantage of an 83-year-old victim in an identify theft case.
A public defender said Smith paid restitution in full, and sought 12 months of probation. Prosecutors agreed, but noted the defendant had 17 prior offenses.
The court said Smith had four prior felonies, and probation wasn’t adequate.
Facing a jail sentence, Smith redrew his misdemeanor guilty plea. The case was set for trial starting Oct. 5.
Court records reveal that Smith was nabbed after authorities used ATM photographic evidence. Smith reportedly withdrew $1,000 with a stolen debit card.
tbaker@cortezjournal.com