Pueblo man released early from prison in infant death case is cited for battery 20 days later

A Pueblo man was released early from prison in April after killing his infant cousin in 2010. But the family says they weren't notified about his release, and now he's accused of assaulting another member of their family.

Kevin Buehler, 34, was cited on suspicion of battery by Pueblo police on May 1 — just 20 days after he was paroled. He is accused of punching his father during an argument and pleaded not guilty to the charge at an arraignment Tuesday in Pueblo Municipal Court.

In 2010, Buehler, who was 23 at the time, was sentenced to more than three decades in prison for causing the death of his cousin's 9-month-old daughter, Iyana Perez, after the infant's body was found by Pueblo police in a garbage can behind a local grocery store.

An autopsy later determined the child was killed by blunt-force trauma to the head.

Buehler was initially charged with first-degree murder and two counts of child abuse resulting in death. He entered an Alford Plea — a plea that allows a defendant to maintain their innocence while acknowledging there is sufficient evidence to be convicted at trial — which stipulated a maximum sentence of 32 years.

He was released from prison April 10 after serving 50% of his sentence in the Colorado Department of Corrections.

"Mr. Buehler was eligible for parole due to the fact that the charges he was convicted on did not meet the statutory requirements for the 75% rule, and his time was required to be calculated under the 50% rule," said Annie Skinner, a spokesperson for the Colorado Department of Corrections, referring to state statutes that dictate what percentage of an inmate's sentence is mandatory to serve before they can be considered for parole.

"Mr. Buehler was also given 583 days of pre-sentence confinement credit for jail time he served prior to coming into DOC. He also had earned time and achievement time credit," Skinner said.

During Buehler's sentencing hearing in 2010, Iyana's family, including her grandmother Snowie Buehler, and her parents, Selena Olson and Ted Perez, all told the court they opposed the agreement and felt 32 years was too short a time in prison.

Snowie Buehler told the Chieftain on Tuesday her nephew's early release was a "slap in the face" and that she was not happy with the conditions of the plea agreement 13 years ago.

"The district attorney at the time convinced me if we have this one juror that doesn't agree he's guilty, the court could drop all charges, so the plea deal is a guarantee he goes to prison," she said.

Thirteen years later, Snowie Buehler claims she was not notified of any hearings related to Buehler's release.

"From the time he went to prison and the day he got released, I received one notification, saying he'd gotten transferred out of Colorado," she said. "When he got paroled, I wasn't told. I wasn't allowed to go to the parole hearings."

Skinner claimed that "the victims in the case who were enrolled in the victim notification process were notified by the DOC victim’s services team," but Snowie Buehler claimed she received no such notification. She told the Chieftain her phone number and email address have remained the same for the past 13 years.

Chieftain news partner KRDO News Channel 13 reported on May 25 that emails it obtained showed "recent notifications may have been sent late" to Snowie Buehler and that the DOC has been "made aware of the issue."

Snowie Buehler said she plans to file a complaint with the state DOC over the lack of notifications and said she believes Kevin Buehler is still a danger to society.

"He's obviously still violent. He's gonna do it somewhere else," she said. "He may not kill a child; he may kill someone else. But obviously, he came out and he (assaulted) his dad, that proves he hasn't changed."

Tenth Judicial District Attorney Jeff Chostner said it will be up to the state parole board to determine if a conviction on the battery charge in municipal court will result in a revocation of Buehler's parole. 

"Additionally, even if it does, the parole board will make the final determination as to whether he would be regranted parole, and if so, how soon," Chostner said.

According to a Pueblo Police Department citation, police were called May 1 to the residence of Buehler's father, where Buehler was living after being released from prison, on a report of a family disturbance.

Buehler's father told the responding officer that he and Buehler had "not gotten along well," and after being accused of stealing, Buehler punched his father in the face and left, according to the citation. The responding officer observed a red mark on the victim's face and cited Buehler for misdemeanor battery.

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Snowie Buehler said Tuesday after her nephew's not-guilty plea on the battery charge she feels he "should still be in prison."

"He kills my granddaughter and gets away, he hits his dad and gets away, and we have to deal with it," she said.

All suspects are presumed innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.

Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1.

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