Man gets 90-day jail sentence

Oak Creek resident accepts plea bargain for drug offenses

— When Richard Cyr moved from Oregon to Colorado five years ago at his family's request to help his brother, he had no intention of one day sitting in a courtroom facing felony drugs charges.

But that's where he was Thursday afternoon.

"This whole ordeal has been quite an experience for me," he said.

"My family asked me to come back to Colorado to help my brother. I did that right away. Unfortunately, I got into a situation that never should have happened," Cyr said.

Cyr, 50, of Oak Creek, was referring to a Dec--ember 2004 drug bust that put him and his brother, Raymond Cyr, 51, of Oak Creek, in jail on suspicion of multiple drug offenses.

According to court documents, the Cyrs were living at Raymond's Oak Creek home when Grand, Routt and Moffat Narcotics Enforcement Team officers executed a search warrant for the home and found about 11 grams of methamphetamine, drug paraphernalia and 76 grams of marijuana.

Richard Cyr was charged with possessing less than 1 ounce of marijuana, possessing drug paraphernalia and possessing less than 1 gram of meth.

Raymond Cyr was charged with possessing 1 to 8 ounces of marijuana, possessing drug paraphernalia, possessing a Schedule 2 controlled substance with the intent to distribute, and possessing more than 1 gram of meth.

Both men were offered plea bargains in their cases, and both accepted those offers. Richard Cyr pleaded guilty to possessing less than 1 gram of meth, a Class 6 felony, and had his other charges dropped. Raymond Cyr pleaded guilty to possessing more than one gram of meth, a Class 4 felony, and had his other charges dropped.

During Thurs--day's sentencing hearing, Senior Judge Thomas Ossola, who has handled the case because District judges Paul McLi--mans and Michael O'Hara were disqualified from hearing the case, told Richard Cyr he had not committed the crime of the century and that he had an opportunity to turn his life around.

"I have a sense there is some real value in you. This crime is not unredeemable," he said.

Richard Cyr replied by explaining to Ossola his relationship with his brother, his current physical ailments that keep him from working full time and his hopes for the future.

"My brother and I have always been close. I've lived near or around him my whole life," Cyr said in tearful bouts. "For me to sever my contact with him would be really harsh."

Cyr explained to Ossola that Raymond Cyr was his employer and that the men live together, making it almost impossible for him to not have contact with him, like Ossola suggested. Richard Cyr also told Ossola he only works part time because of back problems. Cyr noted he had a clean record for six years and no trouble with the law before he moved in with his brother.

Deputy District Attorney Tammy Jenson pointed out that Cyr has more than 16 traffic offenses, petty offenses and misdemeanor convictions on his record and asked Ossola to take that into consideration in sentencing.

Jenson also implied that Cyr was not taking responsibility for his involvement in the crime because he was still saying the police were wrong in executing the warrant as they did.

Cyr's Steamboat Springs attorney, Ron Smith, told Ossola that Cyr has fully accepted responsibility for the drugs found in his possession during the search and admitted to officers they were his.

"He has never said they weren't his or that they were his brother's or someone else's.

"He has even told the probation officer that he is willing to not have contact with his brother if it would help," Smith said.

Ossola ordered Cyr to serve 90 days in Routt County Jail sentence with a one-day credit for time served. Cyr also will be required to comply with a three-year supervised probation period. He must complete 48 hours of community service, pay about $3,900 in fees and cannot have his driver's license reinstated. Ossola said he would not order Cyr to sever contact with his brother.

Although Ossola gave Cyr 180 days to complete his sentence, he advised Cyr to complete the term soon.

"It's my strong advice that when you're not working, you're checking yourself into jail," he said. "If you work two days a week, you should be in jail five."

Raymond Cyr will be sentenced at 1 p.m. Jan 31.

-- To reach Alexis DeLaCruz, call 871-4234 or e-mail adelacruz@steamboatpilot.com

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