Eleventh Judicial District Chief Judge Patrick Murphy rejected a plea of guilty to one count of unlawful possession of a controlled substance, a Class 4 felony Oct. 22, which Trevor Martineau made Aug. 21 in a plea agreement.
The former Buena Vista Corrections Facility guard was arrested July 2 after investigators found several controlled substances wrapped in a burrito in his lunchbox.
Martineau was charged with introduction of contraband in the first degree, unlawful distribution of a controlled substance (methamphetamine), unlawful distribution of a controlled substance (heroin), unlawful distribution of a controlled substance (Suboxone) and three counts of unlawful possession of a controlled substance.
All other charges would have been dismissed under the plea agreement, which would have brought a maximum sentence of 2 years in prison followed by a year of parole.
Murphy initially accepted the plea conditionally and ordered a presentencing evaluation.
In reviewing previous cases with similar circumstances, Murphy said he found harsher sentences for similar and lesser offenses and therefore decided to reject the plea.
Murphy said he considered Colorado Revised Statute 18-1-102.5, which lays out the reasons for sentencing, which include:
(a) To punish a convicted offender by assuring the imposition of a sentence he deserves in relation to the seriousness of his offense;
(b) To assure the fair and consistent treatment of all convicted offenders by eliminating unjustified disparity in sentences, providing fair warning of the nature of the sentence to be imposed, and establishing fair procedures for the imposition of sentences;
(c) To prevent crime and promote respect for the law by providing an effective deterrent to others likely to commit similar offenses.
Given those reasons, Murphy said he made his decision taking into account the amount of substances involved, the fact that Martineau was in a position of trust as a correctional officer, that he put himself and others in danger by introduction of the controlled substances, and the sentencing for the offenses should serve as a message to other Department of Corrections personnel that similar offenses will be treated exceptionally seriously.
The arrest affidavit in the case stated the contraband included approximately 91.4 grams of suspected methamphetamine, 26.1 grams of suspected heroin, 46 strips of Suboxone, 10 strips of suspected buprenorphine/naloxone, 13 individually wrapped suspected marijuana wax and six small thumb drives.
Martineau will next appear in court Nov. 6.