The district attorney who took a bottle of hydrocodone pills from a coworker after asking if she was “gonna help the sister out” pleaded guilty on Monday to drug and official misconduct charges.

Brittny Beth Lewton, the 13th Judicial District Attorney, asked an office employee to give her a bottle of prescription medication on July 12, 2019. Another worker witnessed the interaction and reported to the chief deputy district attorney that a drug deal just took place in the Sterling office.

A grand jury returned an indictment in February of this year with four counts against Lewton, including conspiracy to sell or distribute a controlled substance, unlawful drug possession and first degree official misconduct.

Attorney General Phil Weiser, the special prosecutor in Lewton’s case, subsequently added three counts. Those were the crimes to which Lewton ended up pleading guilty, and consisted of possession of a controlled substance, unlawful conduct on public property and second degree official misconduct. The unlawful conduct charge covers activities in public buildings that might “substantially inferefer with the use and enjoyment” of those facilities.

“The abuse of an official position is a serious cause for concern. In today’s plea, Ms. Lewton takes responsibility for her actions and is held accountable for them,” said Weiser in a statement on Monday. “Significantly, she has committed to a complete course of treatment to address her struggles with opioid use disorder. We support Ms. Lewton in her efforts to recover and recognize that her experience is just one example of how the opioid epidemic is impacting lives, families, and communities.”

Lewton, 41, is term-limited as district attorney. Travis Sides, the district attorney-elect and the head prosecutor in the Fort Morgan office, was the only candidate running to succeed Lewton in the district that covers Kit Carson, Logan, Moran, Phillips, Sedgwick, Washington and Yuma counties. According to the grand jury indictment, Sides learned of the drug transaction from the employee who witnessed it and requested the Colorado Bureau of Investigation intervene.

Pursuant to her plea agreement, Lewton will serve two years of probation, conditional upon a substance use evaluation and course of treatment. Lewton will serve no time in jail, but the court may modify her sentence if she violates her probation. The drug misdemeanor to which Lewton pleaded guilty carries a presumptive sentencing range of six to 18 months, with a fine of between $500 and $5,000.

“Whatever treatment is determined to be appropriate, she will do it,” her attorney, Stan Garnett, told The Denver Post. Garnett is a former district attorney in Boulder County. “We did stress at the hearing that she’s been a very popular and effective district attorney, and it’s important to her that we wrap this up and move forward in a way that respects her employees and keeps everyone able to do their job.”

The grand jury’s indictment described Lewton asking Tina Dobson, an employee who had recently visited the emergency room, “Are you gonna help the sister out?” on the date of the transaction. Dobson grabbed a bag of pills and Lewton removed a sealed bottle. After opening the bottle and discussing with Dobson the number of pills inside, Lewton put the bottle in her purse and walked away. 

Weiser’s office reported that Lewton admitted to ingesting the narcotics at her home that same day.