Jury acquits Leadville woman on drug distribution, weapons charges
October 14, 2017
LEADVILLE — A jury did not believe that a woman shorter than 5 feet tall posed much of a threat to two police officers, and while they were at it, they cleared her of the drug charges, too.
It was 6:45 p.m. June 14, 2016, when Kymbr Trujillo, 28, 4-foot-11 and 105 pounds, was outside a Leadville store with her young daughter when Dep. David Basile with the Lake County Sheriff's Office spotted her. Basile 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 bag 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.
“Two cops? One tiny woman with her daughter with her? This was the most overcharged case in the world.”Jim Fahrenholtz, Kymbr Trujillo’s attorney after she was acquitted
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He said he also found $120 in cash and three pocket knives in the purse.
Trujillo was charged with a string of drug felonies, as well as threatening the police because of the pocket knives. She faced up to 32 years in prison. As their final plea deal, Jim Fahrenholtz, Trujillo's attorney, said prosecutors offered his client eight years in prison in exchange for a guilty plea. She decided to take her chances at trial.
"Mandatory prison for something like this?" Fahrenholtz said incredulously.
Not enough analysis
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, with blades less than 3 ½ inches long, Fahrenholtz said.
"The cops decided they were potentially deadly weapons because they were within her reach," Fahrenholtz said. "The prosecution had to show that she possessed them with intent to cause serious bodily injury to the cops. Two cops? One tiny woman with her daughter with her? This was the most overcharged case in the world."
Staff Writer Randy Wyrick can be reached at 970-748-2935 and rwyrick@vail daily.com.