A man arrested for allegedly possessing 43 grams of cocaine was “mistakenly released” from Routt County Jail, according to Judge Erin Wilson.

Edwin Espinal-Sanchez, 34, was most recently arrested Dec. 6 for two counts of failure to appear, driving without a valid driver’s license, driving a motor vehicle while his license was revoked and possession of a schedule II controlled substance with intent to deliver.

According to Routt County Sheriff Doug Scherar, if an inmate is suspected of having the intention to distribute drugs, that person is supposed to be seen by a judge before a bond is issued.

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Possession of felony-level drugs, without the intention to distribute, typically involves a $5,000 bond.

Espinal-Sanchez is suspected of intention to distribute — however, he did not see a judge before he was released from jail and was not supposed to be issued a $5,000 bond.

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Scherar stated that Espinal-Sanchez may have been given a $5,000 bond “by mistake,” but was not able to determine a specific reason for the error.

“We’re working with a new bond schedule,” said Scherar. “So that also may have led to some confusion.”

Scherar also stated that Espinal-Sanchez cannot be arrested again on the grounds of jail staff making a mistake. 

“The only way that would happen is if the judge revoked the $5,000 bond,” Scherar said.

Scherar said he was unable to confirm the day of Espinal-Sanchez’s release due to being on vacation. The Routt County Jail declined to provide details regarding the release.

Sgt. Jacob Carlson with the Routt County Sheriff’s Office saw Espinal-Sanchez driving eastbound on Lincoln Avenue around 9 p.m. Dec. 6., according to the arrest affidavit.

Carlson then pulled over Espinal-Sanchez near the intersection of Lincoln Avenue and Hilltop Lane due to warrants for his arrest connected to the license plate number.

Espinal-Sanchez had previously been arrested Nov. 22 for lacking a driver’s license, failure to appear in court and possession of 3 grams of cocaine, according to the document.

Espinal-Sanchez was arrested at 9:01 p.m. Dec. 6 “without incident,” according to the affidavit.

Deputy Aaron Clock then arrived on the scene with a K-9 and “received a positive alert to the presence of illegal drugs inside the pickup,” says the affidavit.

The deputies then searched the truck. Clock found “two bags containing a white powdery substance, suspected cocaine,” according to the document. 

The substance tested positive for cocaine, according to the affidavit. Through “training and experience,” Carlson stated in the document that “43 grams of cocaine is consistent with distribution amounts.”

In a hearing on Tuesday, Judge Erin Wilson ordered a mandatory protection order in two cases involving Espinal-Sanchez.

Espinal-Sanchez is prohibited from consuming alcohol or controlled substances under the protection orders and is required to participate in random urinalysis testing.

The urinalysis testing will be conducted through Advantage Treatment Centers, an organization that monitors and manages offenders by providing treatment.

According to his attorney, David Maris, Espinal-Sanchez is “staying sober.”

Espinal-Sanchez’s next court date is scheduled for 10 a.m. Feb. 2.