Compiled by Katharhynn Heidelberg
Heroin suspect tasered during chase
Police responding to a call of a suspicious activity near LaRaza Park early Thursday, Sept. 23, found a man slumped over in his vehicle, with what appeared to be a used syringe in his lap. When ordered out of the vehicle, the man reportedly fled on foot, evading officers until they deployed a Taser.
Bobby Troy Shane McKibben, also known as Troy McKibben, 27, was held on suspicion of drug possession and as a special offender. He is also suspected of possession of a weapon by a previous offender, second-degree trespass, obstructing an officer and having drug paraphernalia.
Formal charges are due Sept. 30.
Montrose Police Department Officer Jamie Kent wrote in an affidavit that McKibben was seated in a car, the window of which was partially down. The officer called for paramedics because of McKibben’s condition. According to the affidavit, syringes and a glass pipe were in plain sight, as was a red container.
McKibben continued to reach for items when told to show his hands, Kent alleged, so he opened the door and told McKibben to get out.
McKibben did, but began reaching back into the vehicle, so Kent took his arms and pulled him away from the car.
The affidavit says that as the officer walked McKibben to his patrol unit, the suspect began running away.
Kent’s affidavit states that although he warned McKibben he would be tasered, McKibben did not stop, so he fired the device.
However, it was to no effect and the chase continued until the officer lost sight of the other man.
Kent then called for backup and drew his duty weapon.
Command staff spotted McKibben on North Eighth Street; Kent again gave chase, as did Sgt. Jason English.
“I shouted ‘Police, stop.’ Troy then jumped over the fence (in a yard on North Eighth Street). At this point, Sgt. English deployed his Taser. The deployment was successful,” Kent wrote.
After being advised of his rights, McKibben reportedly admitted to “shooting up” heroin and said he fled because he was afraid. Per the affidavit, he also said he was addicted to drugs.
McKibben had been arrested in 2019 in similar circumstances: An officer found him slumped over in his vehicle at a gas station and, in plain view, saw what weighed out at 24 grams of heroin and 7 grams of meth.
McKibben subsequently pleaded guilty to attempted drug distribution and was at the start of 2020 sentenced to three years in prison, less about half a year of pre-sentence confinement.
Kent’s affidavit notes McKibben is now a parole client.
Thursday, officers searching the vehicle in which McKibben was reportedly found located a black substance consistent with heroin, quantified at 2.39 grams, as well as 5.02 grams of a “crushed crystalline substance” consistent with methamphetamine.
The police alleged finding a handgun and ammunition inside a gym bag in the vehicle — as well as checks that didn’t have McKibben’s name on them. Police will be following up with the people whose names are on the checks.
They further reported finding suspected drug paraphernalia, including a spoon and pipe with residue and four used syringes.
McKibben remained in custody Thursday night. Earlier in the day, his bond was formally set at $15,000.
Assault charges dismissed; woman sentenced to probation for harassmentFlora Cruz-Molina, accused of stabbing her husband, pleaded guilty to an amended charge of telephone harassment and was on Thursday sentenced to 18 months of supervised probation.
Prosecutors said the victim had never wanted to see charges filed and did not stay in contact with them. Without his testimony, they could not have proved assault at trial, but could have, through the testimony of other witnesses, established harassment by repeated telephone calls, Deputy District Attorney Ian Fowler said.
The victim was not present in court.
Cruz-Molina’s public defender Daniel Lavrisha suggested his client acted in self-defense. She was in a situation in which she was perhaps the victim of ongoing, past abuse and would have had a credible affirmative defense, he said.
In April, Cruz-Molina reportedly argued with her husband over a marital issue and ordered him to call another person whom she thought had a role in the matter.
Investigators alleged in an affidavit that when the man refused, Cruz-Molina stabbed him with a kitchen knife. The blade not penetrate his flesh very deeply because he was wearing a thick sweater.
The man left the home, seeking help at a nearby church, later telling deputies he’d been injured by falling from a ladder and landing on sharp objects.
Cruz-Molina at the time told deputies her husband had come home bleeding and she tried to help cleanse the wound, then he left for the church. She did not know why others alleged she had stabbed him, per her arrest affidavit.
Per her arrest affidavit, a witness at the church said the man had alleged being stabbed. The witness said the pair often argued and he suspected violence in the relationship.
Thursday, Judge Ben Morris said the case resolution was fair, based on the facts presented. He sentenced Cruz-Molina to 18 months of supervised probation, finding she had committed harassment as an act of domestic violence.
All other charges were formally dismissed, as per the plea agreement.
Morris did not impose fines because he found Cruz-Molina indigent, but he did impose statutory costs. He also imposed two days of jail, less two days of credit for pre-sentence confinement. No further jail was ordered.