But for Kimberly Ann Gardner, 27, the sentence didn’t go as planned. Gardner’s plea agreement was rescinded after authorities learned she had been arrested on suspicion of stealing twice on the same December day in California from an REI sporting-goods store. Pitkin County District Judge Gail Nichols allowed the local prosecution’s motion to withdraw the plea agreement and had sheriff’s deputies take Gardener into custody. Her bond was set at $1,000 on felony charges of violating previous bond conditions.
Nichols suggested that Gardner’s big mistake, in regards to her dealings in Pitkin County, was her inability to inform law enforcement of her two arrests on Dec. 7th in Manhattan Beach and Arcadia. According to court records, Gardner had no previous criminal history up until her felony arrest in Aspen on Sept. 21st. Her defense was unsuccessful in getting Gardner released, even after arguing that Gardner was a victim of a man she had recently married. Gardner stated she was unaware of her husband’s four previous felony convictions.
The husband was also connected to the California thefts. Gardner left him soon after and moved to Arizona where she actively sought an annulment. “She’s a young lady who’s scared to death that she got involved with such a horrific individual,” her defense attorney said. Gardner has her degree in physical therapy where she practices in Arizona. Her defense attorney has been trying to get her released from Colorado so she can return to Arizona. Gardner was denied her request for a personal-recognizance bond, but granted her release.
The rescinded plea agreement included a commendation for a two-year deferred judgment on a felony theft charge. Gardner is responsible for stealing roughly $3,000 worth of store products from four Aspen sporting-goods stores. Her next court appearance in Aspen is scheduled for April 20.