{"id":794282,"date":"2019-03-28T20:24:00","date_gmt":"2019-03-29T02:24:00","guid":{"rendered":"https:\/\/www.summitdaily.com\/news\/justin-erwin-sentenced-to-five-years-in-prison-for-role-in-2016-silverthorne-sex-assault\/"},"modified":"2019-03-28T20:24:00","modified_gmt":"2019-03-29T02:24:00","slug":"justin-erwin-sentenced-to-five-years-in-prison-for-role-in-2016-silverthorne-sex-assault","status":"publish","type":"post","link":"https:\/\/alwaysmountaintime.com\/ksmt\/local-news\/justin-erwin-sentenced-to-five-years-in-prison-for-role-in-2016-silverthorne-sex-assault\/","title":{"rendered":"Justin Erwin sentenced to five years in prison for role in 2016 Silverthorne sex assault"},"content":{"rendered":"
Justin Erwin<\/strong>
Special to the Daily<\/figcaption><\/figure>\n

Justin Cayce Erwin, 42, one of four men convicted in a Silverthorne sex assault case from 2016, was sentenced to five years in prison during a hearing at the Summit County Justice Center on Thursday afternoon. In January, Erwin pleaded guilty<\/a> to charges of attempted sexual assault, third-degree assault and criminal invasion of privacy.<\/p>\n

In a show of support, a group of more than a dozen of the victim\u2019s friends and family gathered around her in the courtroom\u2019s benches as the case finally reached its conclusion more than three years after the sexual assault played out in a Silverthorne apartment in the early morning of March 17, 2016.<\/p>\n

The victim was the first to speak during the hearing, offering the court an impact statement in which she spoke about the destructive nature of the assault physically, psychologically and financially over the last few years. In her statement she noted the loss of her business and a constant sense of fear and distrust as a result of the attack, but said she was committed to retaking control of her life and to the healing process.<\/p>\n

\u201cBecause of my own determination to heal, and many hours of coaching and therapy, I\u2019m giving up on rage and taking my life back,\u201d she said. \u201cI choose now to live my life in the context of freedom, love, courage and contribution. I have the power to create my world, and my world is beautiful. And I declare myself complete.\u201d<\/p>\n

The victim was followed by several of her friends and family, many of whom spoke about their own experiences with sexual assault or about the difficulties they\u2019d seen the victim deal with following the assault and during the legal process.<\/p>\n

\u201cOver the past couple years I\u2019ve watched my strong, confident, loving friend struggle with nightmares,\u201d said one friend. \u201cThere have been days when she couldn\u2019t get out of bed, perform basic functions or have a consistent job \u2026 but she is one of those people who will take this and make it into something good.\u201d<\/p>\n

Deputy District Attorney Lisa Hunt also spoke on behalf of the prosecution, noting not only the damage the assault had on the victim, but the community at large. Hunt highlighted Erwin\u2019s considerable criminal history, including multiple DUI charges and attempts to defraud the justice system even after his arrest for sexual assault, most notably an incident in November last year when he attempted to cheat a urine analysis by using a Whizzinator<\/a>, and tried to bribe a public servant to keep it quiet.<\/p>\n

\u201cHe\u2019s violated probation and the orders of this court his entire life,\u201d said Hunt. \u201cHe has zero regard for authority or the rule of law.\u201d<\/p>\n

Erwin\u2019s attorney, Kate Stimson, brought in two expert witnesses to the hearing to argue that an untreated traumatic brain injury, along with a long history of substance abuse and mental health issues, were key contributors to Erwin\u2019s actions. A neurologist reading a CT scan of Erwin\u2019s brain from 2015, noted that Erwin suffered from a blood clot between his skull and brain that was \u201csqueezing\u201d into his right frontal lobe \u2014 a condition he said could have dramatic side effects to decision-making and judgment.<\/p>\n

Additionally, Dr. Brenna Tindall, a psychologist and expert in sex offender management, said that substance abuse and the traumatic brain injury could have exacerbated Erwin\u2019s criminal behaviors in the past. Tindall recommended to the court that Erwin receive time at a community corrections facility in lieu of prison, where she said he would have a much better chance of receiving the treatment needed to address those underlying issues.<\/p>\n

\u201cI think it is likely they had something to do with some of his behavior that night,\u201d said Tindall.<\/p>\n

In a somewhat contentious cross examination of the expert witnesses, District Attorney Bruce Brown challenged the assertions, noting that the neurologist only reviewed a few images from a 4-year-old CT scan, never examined Erwin in person, or received any ancillary reports or subsequent scans of Erwin\u2019s brain. Additionally, Brown pointed to the fact that Erwin\u2019s criminal behavior predated the brain injury, contending the two are largely unrelated.<\/p>\n

There was also a fair share of support for Erwin in the room aside from experts. Robin Reichwein, Erwin\u2019s mother, spoke about Erwin\u2019s longtime struggles with mental health and his brain injury.<\/p>\n

\u201cMost people know, or they themselves have trouble with alcohol or depression, but when you couple that with a traumatic brain injury you have a perfect storm,\u201d said Reichwein, who continued to say she saw a noticeable difference in her son following a serious snowboarding fall in 1998. \u201cI\u2019m proud of the progress he\u2019s made in the past few months. \u2026 there are many people that would like to portray Justin as a hardened criminal. He\u2019s not. He\u2019s someone who you consider a friend.\u201d<\/p>\n

Erwin\u2019s girlfriend also spoke on his behalf, saying that she too has witnessed his struggles to treat his mental health issues, and his efforts in self-improvement over recent months.<\/p>\n

\u201cHe is asking for help,\u201d she said. \u201cHe\u2019s serious about his sobriety and benefitting from this help and therapy. He\u2019s a completely different person now and I\u2019m so proud of him.\u201d<\/p>\n

Erwin spoke for himself at the hearing, offering the victim an apology and affirming his decision to change his life for the better.<\/p>\n

\u201cI no doubt have a debt to pay society, and I accept that,\u201d he said. \u201cMoving forward I\u2019ll live with honorable intentions, and I wish to continue my treatment to help me understand the underlying issues I\u2019m dealing with.\u201d<\/p>\n

Stimson offered the defense\u2019s final thoughts during the sentencing, urging Judge Paul Dunkelman to allow Erwin to continue treatment in a community corrections facility, noting that despite his criminal history, this was his first felony conviction. She spoke about his recent dedication to treatment, and the difficulties he would face due to his mental health issues in prison.<\/p>\n

\u201cThis man will be eaten alive in the (department of corrections),\u201d she said. \u201cHe\u2019ll have to go through a medication change, and won\u2019t be getting the treatment he\u2019ll need.\u201d<\/p>\n

Ultimately, Dunkelman decided that due to Erwin\u2019s criminal history, his lack of accountability until recent months and the impact of the assault on the victim, a prison sentence was most appropriate. Erwin was sentenced to five years in prison, along with a two-year parole period afterward. Additionally, Erwin was sentenced in a number of lesser crimes including DUIs and violation of bail bond conditions, though the sentences will run concurrent with his prison term. Erwin was remanded into custody following the hearing.<\/p>\n

More than three years after the assault, Erwin\u2019s sentencing represents the end of the criminal proceedings in the case for the victim and the four men involved. In March last year, Paul Garvin<\/a> was sentenced to a minimum of 16 years in prison after being convicted of sexual assault. Michael Gelber<\/a> accepted a plea agreement last year, and was sentenced to one year in Summit County Jail. Ramon Villa<\/a>, who also accepted a plea agreement, was sentenced to two years in county jail.<\/p>\n

\u201cIt\u2019s incredibly freeing, and I\u2019m also extremely humbled,\u201d said the victim following Erwin\u2019s sentencing. \u201cThis has been impossible, and I understand the impact that my words have with the outcome of this case. I just want other victims to know they\u2019re not alone. I\u2019m here for you.\u201d<\/p>\n

via:: Summit Daily<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Justin ErwinSpecial to the Daily Justin Cayce Erwin, 42, one of four men convicted in a Silverthorne sex assault case from 2016, was sentenced to five years in prison during a hearing at the Summit County Justice Center on Thursday afternoon. In January, Erwin pleaded guilty to charges of attempted sexual assault, third-degree assault and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[99],"tags":[],"class_list":{"0":"post-794282","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-local-news"},"acf":[],"publishpress_future_action":{"enabled":false,"date":"2026-06-14 04:39:14","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"distributor_meta":false,"distributor_terms":false,"distributor_media":false,"distributor_original_site_name":"KSMT The Mountain","distributor_original_site_url":"https:\/\/alwaysmountaintime.com\/ksmt","push-errors":false,"_links":{"self":[{"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/posts\/794282","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/comments?post=794282"}],"version-history":[{"count":0,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/posts\/794282\/revisions"}],"wp:attachment":[{"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/media?parent=794282"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/categories?post=794282"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/ksmt\/wp-json\/wp\/v2\/tags?post=794282"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}