After pleading guilty to violating his probation, a Cortez man was sentenced to two years in a Durango halfway house.
In custody at sentencing last week, Dylan Kuhn, 22, begged the court to reinstate his initial probationary term, saying that he would succeed if released.
“I feel stupid for messing up,” Kuhn told Chief District Court Judge Doug Walker. “I messed up, I know I did.”
The defendant’s mother, sister and girlfriend also asked that Kuhn be released.
“You’ve been given a chance,” Walker told Kuhn. “This is your next chance.”
Noting that Kuhn and his loved ones only addressed how the revocation proceedings had directly impacted his life, Walker reminded the defendant that he pleaded guilty in the 2012 death of his 6-month-old daughter.
“What I’ve heard is how devastating this is to Mr. Kuhn,” said Walker. “What I’ve heard is what’s good for Mr. Kuhn, but what’s been lost in all of this is the crime you committed, and I can’t forget that.”
Pointing out that Kuhn had been rejected as a candidate for drug court, District Attorney Will Furse requested that Kuhn be sentenced up to three years in a halfway house so that he could address his mental-health and substance-abuse issues.
“Mr. Kuhn achieved some success on probation, but he came off the rails,” said Furse.
Public defender Kenneth Pace said Kuhn had been surrounded by tragedy as a result of his daughter’s death, adding that he suffered extreme depression. The turmoil deepened after Kuhn was stabbed, sending him into a tailspin, Pace said.
“Let Mr. Kuhn stay with his family,” Pace pleaded.
Kuhn was charged with violating probation in June after testing positive for meth and opiates, missing scheduled probation appointments, skipping planned drug and alcohol tests and failing to engage in court ordered counseling.
Kuhn was initially charged with manslaughter and child abuse after slamming his infant daughter, Sailor Serenity Raine Kuhn, onto a bed on Nov. 1, 2011. Injuries from the incident resulted in the child’s death.
After pleading guilty to reckless manslaughter, Kuhn was sentenced to 90 days in jail and four years of probation. A media firestorm subsequently erupted as international pundits and bloggers criticized the court’s punishment.
