Breckenridge near-drowning case delayed for court to consider ‘no contest’ plea |

Breckenridge near-drowning case delayed for court to consider ‘no contest’ plea

Joe Moylan

Bianca Krakofsky

Bianca Krakofsky, the suspect in the near drowning of a child case in Breckenridge, was scheduled for sentencing Monday, July 28, but district judge Karen Romeo delayed handing down a punishment after taking issue with the defendant's plea.

Krakofsky, of Colorado Springs, appeared in Summit County District Court with her attorney Shay Whitaker, of Aurora. Whitaker told the court her client was prepared to enter a plea of no contest to felony child abuse in exchange for a two-year deferred judgment and supervised probation.

"We have to talk a little bit about the no contest plea because it puts the court in a difficult position to sentence someone who says they are not guilty of an offense," Romeo said. "I've gone down that road once before and I will not do it again."

Rick Levinson, a Colorado Springs attorney who said he represents the interests of the alleged victim in the case, also raised questions about the deal, saying a deferred judgment was unjust to his 5-year-old client who has been "incapacitated" and confined to a bed since almost drowning in October 2013 in a hot tub at the Grand Lodge in Breckenridge. The victim was in Krakofsky's foster care at the time of the incident and had allegedly been left unsupervised in the hot tub.

After hearing the objection, Romeo asked to meet with Levinson, Whitaker and deputy district attorney Rusty Prindle to discuss the plea deal in greater detail in judge's chambers. About 45 minutes later Romeo said she could not sentence Krakofsky without taking more time to think about the plea bargain arrangement.

"I would be remiss if I moved forward today and didn't give this some consideration," Romeo said. "I need more time to digest what I have been told."

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Romeo rescheduled the disposition hearing for 1:30 p.m. Thursday, Aug. 21.

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