Background
Katariina Michelle Gibson brought seven fentanyl pills into the El Paso County Jail after she was taken into custody for probation violations. She gave pills either directly to inmate Renee Lowrance or to Lowrance’s cellmate, Rhianna Moret, who then gave them to Lowrance to settle a debt. Lowrance died from an accidental fentanyl overdose on January 20, 2023.
After Gibson was again taken into custody, Detective Jessica Brooke-Hess interviewed her about Lowrance’s death. Gibson made inculpatory statements, including that she felt responsible because Lowrance would not have had the opportunity to ingest fentanyl had Gibson not brought it into the jail. A jury convicted Gibson of distribution of fentanyl resulting in death and introducing contraband; the trial court imposed a controlling 28-year prison sentence.
The Court’s Holding
The court affirmed. It found no plain error in admitting Gibson’s recorded custodial interview without sua sponte making additional Miranda findings. Gibson neither moved to suppress the recording nor objected at trial, and the detective testified that she advised Gibson of her right to remain silent, that her statements could be used against her, and her right to counsel, and that Gibson said she understood and waived those rights.
The court also held that the jury could have unrestricted access to the recording during deliberations because it contained Gibson’s own detrimental out-of-court statements. Sufficient evidence supported proximate cause whether Gibson transferred the fentanyl directly to Lowrance or through Moret, and Moret’s involvement was not an intervening cause because Gibson participated in the events that led to the death. Finally, the 28-year sentence was within the statutory range and reflected permissible considerations, including Gibson’s repeated offenses, failed treatment opportunities, and the death caused by her conduct.
Key Takeaways
- A defendant’s recorded police-interview statements may be provided to the jury without limits during deliberations.
- Transferring fentanyl through another person does not necessarily break proximate cause when the defendant brought and supplied the drugs.
- A within-range sentence will stand when the trial court considers supported aggravating and mitigating circumstances.
Why It Matters
The decision applies Colorado precedent allowing jurors unrestricted access to a defendant’s own recorded incriminating statements, even where the recording is difficult to hear. It also underscores that an intermediary’s role in transferring fentanyl will not establish an intervening cause when the defendant remained a participant in the chain of events producing the overdose death.