Toby Aaron Gallegos gets nine and a half years over Glenwood Springs knife fight
Post Independent staff
GLENWOOD SPRINGS — Toby Aaron Gallegos, a 29-year-old man accused of attempted murder over a 2010 knife fight in a Glenwood Springs alleyway, has been sentenced to nine and a half years in state prison for stabbing his opponent on Sept. 26, 2010, and an unrelated weapons charge from 2009.
Gallegos, who also is being held on a federal weapons charge, will serve his Colorado sentence concurrently with any prison time he receives from federal authorities.
Gallegos pleaded guilty to a reduced charge of second degree assault causing serious bodily injury in a plea bargain with the office of 9th Judicial District Attorney Sherry Caloia in May, and was sentenced on July 16 by District Judge Denise Lynch.
The sentencing came in a case that was set for trial three different times, twice in 2012 and once this year. The trials were vacated and reset for a variety of reasons, including Gallegos’ arrest in Nevada in August 2012, while out on bond awaiting trial in the local courts.
Gallegos was arrested in Nevada during a traffic stop and search that allegedly revealed weapons in his possession, which was a violation of probation from an earlier case.
The weapons charges ended up in federal court, and federal authorities were reluctant to bring Gallegos to Garfield County for hearings on his local charges. Although the reasons for that reluctance were not clarified in court, local court officials expressed frustration with his absences, and the disruption of the local proceedings.
Gallegos was facing up to 16 years in prison under the terms of the plea bargain, although he could have been sentenced to as many as 32 years in prison if Judge Lynch had found that the case involved extenuating circumstances that would justify a harsher sentence.
He was sentenced to eight years in prison for second-degree assault, and to 18 months for his guilty plea to possession of a weapon by a previous offender.
Gallegos remains in the Garfield County Jail awaiting transport by federal authorities to undergo further proceedings in his federal case.
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