Instead of 32 years in prison, Leadville woman sentenced to two years probation | VailDaily.com

Instead of 32 years in prison, Leadville woman sentenced to two years probation

Kymbr Trujillo was acquitted of drug distribution and weapons charges. Her attorney, Jim Fahrenholtz, called it "the most overcharged case in the world." Instead of 32 years in prison, she was sentenced to two years probation.

LEADVILLE — Kymbr Trujillo originally faced up to 32 years in prison, but ended up with two years probation.

A jury did not believe that a woman shorter than 5 feet tall who weighs 105 pounds posed much of a threat to two police officers. And while they were at it, they cleared her of most of the drug charges.

"Two cops? One tiny woman with her daughter with her? This was the most overcharged case in the world," said Jim Fahrenholtz, Trujillo's attorney.

It was 6:45 p.m. June 14, 2016, when Trujillo, 28, 4-foot-11 and 105 pounds, was outside a Leadville store with her young daughter. Lake County Sheriff's Deputy David Basile spotted her and confirmed that there was an arrest warrant for her, so he arrested her.

According to court documents, while Basile was searching Trujillo's purse, he found a zebra-striped bag. In that bag was a small pink and blue metal box with "Kymbr" engraved on the top. In that box were plastic bags containing a "clearish crystal substance" and a "white powdery substance," Basile said in his reports.

Basile said methamphetamine was in one large bag and three smaller bags. He said cocaine was in one larger bag, two medium sized and five smaller bags.

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He also found a digital scale, a glass pipe and lighters, $120 in cash and three pocket knives in Trujillo's purse.

Trujillo was charged with a string of drug felonies, as well as threatening the police because of the pocket knives because they were within her reach.

Fahrenholtz said prosecutors offered his client eight years in prison in exchange for a guilty plea. They decided to take their chances at trial.

"Mandatory prison for something like this?" Fahrenholtz said incredulously.

Of the 12 bags found in Trujillo's purse, police only analyzed the two smallest ones, Fahrenholtz said. While they contained small amounts of cocaine and methamphetamine, the other 10 bags were not analyzed.

During the trial, police insisted that, based on their experience, the other bags also contained cocaine and meth. However, they could not prove that to the jury's satisfaction, Fahrenholtz said.

The jury also walked Trujillo on the weapons charge for the pocket knives. The blades were less than 3 ½ inches long, Fahrenholtz said.

Trujillo ended up sentenced on possession of a controlled substance, a felony, and a petty offense of possession drug paraphernalia.

Trujillo faces other felony charges: aggravated motor vehicle theft in Jefferson County and violation of bail bond conditions in Lake County.

LEADVILLE

Leadville woman sentenced to four years community corrections

Katherine Peltack, 41, of Leadville, will spend four years in community corrections for welfare fraud, assault and stalking.

Peltack was one of seven people swept up in Lake County for welfare fraud. Authorities say she took $18,084 in assistance to which she was not entitled.

Peltack pleaded guilty in January to theft, stalking, vehicular assault and violating a protection order.

Peltack admitted that on Feb. 27, 2014, and again in July 2014, she applied to Lake County Human Services Division for assistance. She told the human services staff that her gross monthly income was $756. However, she also received $800 a month in rental income and a gift of $5,000 from her father. That made her ineligible to receive assistance benefits.

For the stalking charge, Peltack followed and harassed a local business owner and his wife in and around their business. They had previous and repeated problems with her yelling at customers, posting negative items about the couple on Facebook and other actions. When the couple learned Peltack had literally been "digging (holes) for treasures" around their business, they contacted law enforcement.

The final two charges of protection order violation and vehicular assault stem from an incident involving her boyfriend and their troubled relationship.

On Jan. 5, 2017, the boyfriend was at Peltack's residence trying to fix her sink when they got into an argument. He left, and was later struck by Peltack with her car, causing pain and injury, prosecutors said.

Peltack was arrested by Lake County Sheriff's deputies.

"This troubled person has a long history of criminal involvement and is truly a danger to herself and others," McCollum said. "My only hope is that she receives the help she truly needs and that her many victims can move on with their lives knowing she won't be a menace to them or anyone else for several years."

Staff Writer Randy Wyrick can be reached at 970-748-2935 and rwyrick@vaildaily.com.