Carbondale man faces up to 38 years in prison; retrial for alleged rape possible |

Carbondale man faces up to 38 years in prison; retrial for alleged rape possible

Carolyn SackariasonThe Aspen TimesAspen, CO Colorado

ASPEN – Emanuel Gonzales faces up to 38 years in prison after a jury convicted him Sunday of cocaine possession and intent to distribute.Gonzales, 22, of Carbondale had been accused of sexually assaulting a woman on Jan. 17, 2009 in Aspen, but the jury couldn’t reach a consensus on that charge, as well as a count of kidnapping.Of the 12 jurors, only three were ready to convict him of sexual assault and kidnapping, according to sources close to the case.The result was a hung jury, and Gonzales was let off on the most serious of the charges.Chief Deputy District Attorney Arnie Mordkin has 90 days from the jury decision to retry the case, which he said Tuesday he is considering doing. Before he decides to pursue another trial, Mordkin said he wants an OK from the alleged victim, who is currently out of town.”I’ve got to make some decisions,” Mordkin said, adding he wants to glean as much information from the jurors as possible.None of the jurors would talk to Mordkin, the media or the defense team representing Gonzales after their decision Sunday.Since then, Mordkin said two jurors have reached out to him and talked about the case. He declined to discuss the substance of those conversations, but he did say that one juror was in favor of finding Gonzales guilty of sexual assault and the other was not.Mordkin filed a complaint Wednesday in district court alleging that Gonzales had violated his probation stemming from a 2007 felony charge for theft up to $15,000 in a series.At the time, Gonzales pleaded guilty and received a deferred sentence, meaning if he stayed out of trouble he wouldn’t face up to six years in prison for stealing thousands of dollars worth of jewelry from Judith Ripka Designs and the St. Regis Hotel.According to court documents, Gonzales admitted to police that he stole jewelry at the St. Regis because he was intoxicated and was “struggling with personal issues.”Because he has been convicted of cocaine possession and intent to distribute, Gonzales is in violation of his probation, Mordkin will argue at a future court proceeding.The intent to sell conviction is a considered an “extraordinary risk crime” and as a class three felony, it carries between four and 16 years in prison. However, with the probation violation, the maximum 16 years is doubled to 32 years.Gonzales also faces two to six years for the 2007 crime.Sentencing could be put on hold while the prosecution decides whether to retry Gonzales.Gonzales has been in Pitkin County Jail since he was arrested Jan. 17, 2009, when the alleged assault took place. He was found with 14 bindles of cocaine in his pants pocket.Gonzales also has an immigration hold on him by the Immigration & Customs Enforcement (ICE) office.Typically with ICE holds, when charges are adjudicated the individual will be turned over to the agency. The time could be indefinite if the individual is sentenced to incarceration.Gonzales has been in and out of trouble with the law for years, with convictions on underage possession and consumption, as well as domestic violence and trespassing, according to court

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