On Friday, January 27, 2017, Mr. Kirkpatrick-Rivera was sentenced in Gunnison District Court. Mr. Kirkpatrick-Rivera entered a plea of guilty to Criminal Attempt to Commit Sexual Assault –Overcome Victim’s Will, in violation of Colorado Revised Statute section 18-3-402(1)(a), a class 5 felony.
Mr. Kirkpatrick-Rivera was sentenced to Sex Offender Intensive Supervised Probation for a term of five (5) years. As a condition of probation, Mr. Kirkpatrick-Rivera must serve ninety (90) days in the Gunnison County Jail, must successfully complete sex offender specific treatment, must undergo substance abuse treatment and must register as a sex offender.
This case arose out of a sexual assault in a residence hall on the campus of Western State Colorado University in Gunnison on November 15, 2015. The victim and Mr. Kirkpatrick-Rivera were friends but had not previously been involved in an intimate relationship. At the time of the sexual assault, Mr. Kirkpatrick-Rivera was highly intoxicated. The victim had not been drinking and was not under the influence of any drugs. She immediately reported the assault to her Resident Advisor, underwent a Sexual Assault examination at Gunnison Valley Hospital, and received follow-up medical care and other assistance.
A Pre-Sentence Investigation Report determined that “a sentence to supervised probation is the most appropriate for this defendant.” Mr. Kirkpatrick-Rivera has no prior criminal history and a strong support system. A psychosexual evaluation placed the Defendant in the low risk range. The People fully support this sentence, and note that strong evidence shows that our communities are the safest when low risk sex offenders are in treatment and being supervised, as will be the case with Mr. Kirkpatrick-Rivera.
The District Attorney expresses his thanks to the victim and her family in this case, for her courage and being willing to tell her story without hesitation or shame. The victim suffered significant trauma and injury from this sexual assault, but has remained an active student and athlete at Western State Colorado University. The People are grateful that this case was able to be resolved in a timely manner with an appropriate result.