Baca County judge faces mandatory jail time after two DUIs
BACA COUNTY, Colo. (KRDO) -- A Baca County judge is facing jail time after violating probation for a DUI conviction by getting arrested for another DUI.
Debra Gunkel, 62, was arrested for driving while under the influence twice in as many years.
On May 7th in Prowers County Court, Gunkel pleaded guilty for violating the terms of her probation in a 2018 DUI case by committing a second DUI offense in Kansas on August 17, 2019.
Gunkel is expected to plead guilty to the second DUI during a hearing in June, and will serve mandatory jail time.
“This is a judge whose job it was to sit in judgement of others for the same behavior,” said George Brauchler, the 18th Judicial District Attorney and a special prosecutor for the case after Gunkel's first DUI arrest in Prowers County, January of 2018.
Gunkel was arrested by Prowers Countey Deputies, and blew a blood-alcohol above .13.
“We offered her the same outcome as we would anyone else," said Brauchler, "which was to plead guilty with the promise that if she kept herself law-abiding and DUI free over a two-year period of time, that conviction could be undone.”
Gunkel pleaded guilty in August of 2018. However, just ten months later,
she was arrested again. This time, Gunkel was taken into custody in Greeley County, Kansas.
“She appeared to have driven drunk again," said Brauchler. "She gave another test of her blood. This time the BAC was north of .16.”
According to Gunkel's attorney Abraham Hutt, Gunkel's judicial duties have been reassigned so that she does not hand any criminal cases including any DUI cases. This change was made in September of last year
“If you’re a prosecutor and you’re taking DUI cases before a judge who's been convicted twice. Aren't you now skeptical of that judge's ability, and willingness to bring the hammer on a repeat offender?" asked Brauchler.
In a statement to KRDO News Channel 13, Hutt discussed his clients' own well being after the recent guilty plea:
"Her abstinence from alcohol has been monitored by providing four breath tests per day. She has worked very hard to put in place and sustain an alcohol recovery program that maintains that abstinence. She is very grateful for all the compassion, assistance and support she has received," Hutt said.
Brauchler says that with the COVID-19 Pandemic there are a lot of uncertainties with the case. It’s unclear when the Baca County judge will be sentenced, how long she will be sentenced for, or where she will serve her jail time.
