A suspect involved in an August 2011 vehicle theft will not serve jail time following a sentencing hearing Tuesday in Moffat County District Court.
Alicia Colvin, 31, of Craig, pleaded guilty Oct. 31, 2011, before Chief Judge Michael O’Hara in district court to trespass of an auto with intent to commit, a Class 5 felony.
A second charge of first-degree motor vehicle theft, a Class 4 felony, was dropped, according to court records.
Colvin appeared Tuesday before O’Hara for sentencing. She was represented by public defender Leslie Goldstein.
In addition to a deferred judgment that includes fines and three years of supervised probation, Colvin was looking at a possible sentence of 30 days in jail.
Jon Pfeifer, Moffat County deputy district attorney, asked the court to impose the jail sentence because Colvin’s criminal record includes three prior arrests for driving under the influence.
“Ms. Colvin is certainly less culpable than the other individuals involved with this case,” Pfeifer said. “As far as I can prove, she is not the person who stole the vehicle, she did not drive the vehicle, but that person was her boyfriend and she knew absolutely that was not his car and she got into the vehicle nevertheless.
“She was involved with something that caused a lot of people pain. Three people lost their vehicles and the suspects were seen driving at 60 miles per hour in residential Craig, putting others in danger.”
O’Hara opted to send Colvin to short-term intensive residential remediation treatment at Arapahoe House in Denver instead of jail.
It is a 14-day inpatient program aimed at assisting offenders with substance abuse problems to get clean.
Before sentencing, Colvin addressed the court and asked for leniency because she is the mother of a 14-year-old son.
“I would ask you to take into consideration that I have been sober for five months and that I am doing very well right now,” Colvin said. “I would be very grateful if you would allow me to remain with my son.”
O’Hara said he struggled with his decision considering Colvin’s criminal background, but ultimately approved the stipulation for a deferred judgment under conditions that Colvin successfully complete treatment by March 31 and undergo supervised probation for three years.
Should Colvin complete her probation without incident, the charge of trespass of an auto with intent to commit would be dismissed.
“Please don’t drop the ball on this program,” O’Hara said. “I’m taking you at your word that you want to do this, but the bad news is if you don’t you come back here for re-sentencing and there is no deal about what’s going to happen because that will constitute a violation of your probation.”
Pfeifer said he was limited on what he could say about the decision because sentencing against the other theft suspects — Jarod Bays, 25, and Joseph A. Galvan, 20 — is pending.
“We decided to treat Colvin like an alcoholic first and a criminal second, hopefully to give her the opportunity to overcome and not commit any more crimes,” Pfeifer said. “That’s why we do these deferred judgments, but it is kind of like having a noose around your neck because if she slips up there’s no restricting what the judge can do.”
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