Fairplay, Colo - On Tuesday, April 11, 2006, a Park county jury returned verdicts of guilty against Rex Shane Roberts of Howard, Colorado for violation of bond conditions, a felony, and violation of a protection order.
In December of 2004, Roberts posted a bond in a felony case in which he was charged with menacing with a deadly weapon, a felony, and domestic violence. At his initial appearance for that case, the court had issued a mandatory protection order and spelled out the conditions of his bail bond. Both the mandatory protection order and the bail bond conditions required that Roberts neither possess nor consume any alcoholic beverages.
On July 17, 2005, Roberts appeared at Prather’s Market in Fairplay visibly intoxicated. The store manager called the 911 operator to complain about Roberts' conduct in and around the store. When officers arrived on scene, they initiated a DUI investigation. Roberts was brought to the Park County jail where he submitted to a blood draw. The blood sample was analyzed at the laboratory of the State Department of Health and revealed a blood alcohol content of .237, nearly four times the legal limit for operating a motor vehicle.
Although the jury did not find Roberts guilty of driving under the influence of alcohol, they nonetheless considered all of the evidence surrounding Roberts’ state of intoxication and concluded that he did violate the conditions of his bond and protection order prohibiting the consumption of alcohol.
The case was prosecuted by Deputy District Attorney Sean P. Paris. The Defendant was represented by C.J. Pollara of Denver. The jury deliberated for about two hours before returning its verdicts of guilty. Judge Charles Barton ordered the preparation of a pre-sentence report. The matter is currently set for sentencing on May 22, 2006 when Roberts may expect the imposition of a minimum mandatory prison sentence of one year.