Colorado attorney general investigating Costilla County Sheriff’s Office over evidence mishandling

COSTILLA COUNTY, Colo. (KRDO) - The Colorado Attorney General is now investigating the Costilla County Sheriff's Office after the local district attorney accused it of major evidence mishandling.

Twelfth Judicial District Attorney Anne Kelly says systemic failures have already forced her to dismiss 15 to 20 criminal cases, including one involving a domestic violence victim.

"It's the worst thing for a prosecutor to have to tell a victim that we cannot move forward with your case, because we don't have the material from the sheriff's office," Kelly said.

She alleges evidence has gone missing, body camera footage is incomplete, and firearms booked into evidence have disappeared; her office has had to subpoena the sheriff's office to obtain reports and body camera footage.

“I have never worked with a police agency ever that has just lost firearms,” Kelly told county commissioners at a July 9 meeting. “There is no secure evidence, property room, or management software.”

Undersheriff Cruz Soto attributes the problems to budget shortfalls and staffing issues. He said missing firearms were the result of a “disgruntled employee” who served as the office’s evidence technician.

"I hate to say it this way, but you get what you pay for," Soto said. "And when we're not able to pay some of these deputies to stay here, the good deputies, we get what we get."

However, Kelly disagrees, claiming it is an organizational and leadership issue.

The attorney general’s investigation is ongoing.

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