Rio Grande DSS theft cases deferred

DEL NORTE—Several weeks ago, three Rio Grande County residents were initially charged with committing theft through the Rio Grande Department of Social Services. According to the article that ran about the incident in March is states, “between and including June 29, 2012 and Nov. 18, 2016 unlawfully, feloniously and knowingly, took a thing of value, namely: currency of State of Colorado/Rio Grande Department of Social Services with the value of $5,000 or more but less than $20,000; without authorization or by threat of deception, obtained, retained or exercised control over; intended to deprive state of Colorado/Rio Grande County Department of Social Services of its use or benefit.”
In the weeks after the initial charges, all of the accused have worked out deferred sentences with District Attorney Crista Newmyer-Olsen that include repayment of the amount of services fraudulently collected, community services hours in various businesses in Del Norte and probation for a specified amount of time until community services have been completed. The case has been resolved for both Michelle Rebecca Martinez and Curtiss Jo Barbosa.
In a court proceeding held on April 13, Jessica Barbosa with her appointed public defender met with Judge Barbara Zollars to establish a time and date for a hearing that was set for May 4. Barbosa has requested an investigation of the charges to prove that she knowingly committed the six counts against her. According to the original charges it states that Barbosa faces “four counts of perjury in the second degree include four dates in which she made materially false statements to mislead a public servant in the performance of their duty. The dates in which these events were alleged to occur are April 30, 2013, June 30, 2013, Oct. 2, 2013 and April 15, 2015.”
Curtis Barbosa pled guilty to one count of theft against the department of social services. The district attorney dismissed another charge of theft and one count of perjury against the State of Colorado. Barbosa received a deferred sentence under the stipulation that he completes 40 hours of community services with the Del Norte Fire Department where he is also a volunteer and comply with regulations set forth by a probation officer. Barbosa was also issued a restitution of $9,278.
Michelle Martinez was originally charged with accessory to a crime which was a fifth degree felony. In the article it stated that, “Martinez is charged with accessory to commit crime (felony) for “unlawfully and feloniously” rendering assistance to the Barbosas with an “intent to hinder, delay or prevent the discovery, detection, apprehension, prosecution, conviction or punishment of Jessica Barbosa and Curtis Barbosa.”
In the court proceeding on April 13, Rio Grande District attorneys amended the original charge and dropped down to a theft one misdemeanor. Martinez pled guilty to the amended charge and was ordered to a two-year deferred sentence with probation, court costs and restitution. Martinez will have to comply with regulations set forth by the probation office and pay an amount of $7,815 in restitution.