Charge of cocaine distribution to a minor dropped against Aspen family
ASPEN — An Aspen prosecutor dropped a bombshell in court Monday morning in the case against two Aspen parents accused of giving cocaine to a 17-year-old.
Deputy District Attorney Don Nottingham said he would drop the most serious charge of distribution of cocaine to a minor filed against both Joseph Lipsey III, 56, and his wife, Shira Lipsey, 44, because there’s not enough evidence to support it. The charge would have carried a mandatory minimum prison term of eight years upon conviction and a maximum of 32 years.
“(The) investigation has been somewhat stymied,” Nottingham said. “At this moment, there’s not a reasonable chance of success at trial with the details we now have on that count.”
Nottingham said he will file a motion to dismiss the cocaine distribution charges against the Lipseys by next week. Charges filed against the couple’s son, Joseph Lipsey IV, 19, did not change Monday, though he was not facing the severe penalties his parents faced.
“When this case broke all over the media was that the Lipseys are drug dealers,” said Yale Galanter, Joseph Lipsey III’s lawyer and the lead attorney in the case against the family. “Today … (the prosecutor) agreed to dismiss (the cocaine distribution charge) indicating they are not.”
The development “totally changes the complexion of the case,” Galanter said.
“They were looking at a minimum mandatory eight years in prison,” he said. “Now they’re looking at probation. It’s huge.”
Galanter praised Nottingham for taking a close look at the case and making an honest assessment of the facts Monday. He also said he’d like to revisit the $100,000 in cash each Lipsey posted as bond in order to be released from the Pitkin County Jail in March.
Joseph Lipsey III and Shira Lipsey still each face three felony counts of contributing to the delinquency of a minor and three misdemeanor counts of serving alcohol to minors.
Joseph Lipsey IV, who was also in court with his parents Monday, has been charged with two counts of felony distribution of drugs, felony contributing to the delinquency of a minor, four counts of possession of a controlled substance and other misdemeanor charges. He also is facing two counts of felony vehicular assault after crashing his parents’ Tesla with four other teenagers in the car in November.
Support Local Journalism
Support Local Journalism
Readers around Craig and Moffat County make the Craig Press’ work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.
Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.
Each donation will be used exclusively for the development and creation of increased news coverage.
Start a dialogue, stay on topic and be civil.
If you don't follow the rules, your comment may be deleted.
User Legend: Moderator Trusted User
Kaylee Ann Messerly, 36, was arrested Friday morning on two felony warrants following the death of her 18-month old daughter in early March, and charged with felony child abuse resulting in death, and child abuse…