BROOMFIELD, CO – APRIL 25, 2019: Former University of Colorado assistant football coach Joe Tumpkin walks out of the courtroom with his attorney Jon Banashek after being sentenced to 30 days in jail and 30 months probation during his sentencing at the Broomfield Combined Courts on Thursday to be sentenced for a domestic violence case. Tumpkin was sentenced to 30 days in jail and 30 months of probation. For more photos of the sentencing go to dailycamera.com (Photo by Jeremy Papasso/Staff Photographer)
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Former University of Colorado assistant coach Joe Tumpkin will now serve a 25-day jail sentence after Broomfield police refused to let him into the jail work release program.

Tumpkin on April 25 was sentenced to 30 days of jail and 30 months of probation after pleading guilty to third-degree assault in his domestic violence case against his ex-girlfriend Pam Fine.

Judge Michael Goodbee ruled Tumpkin would be allowed to serve the 30-day jail sentence as work release, meaning Tumpkin would go to his job during the day but report to the jail on nights and weekends. Goodbee also put a 10-day stay on the sentence to allow Tumpkin to set up the work release.

But according to a motion filed by defense attorney Jon Banashek, Broomfield police Sgt. Mike Jones, the alternative sentencing unit supervisor at the jail, refused to allow Tumpkin to enter the jail’s work release program.

Banashek wrote that Jones sent an email stating, “As I told your client (Tumpkin), due to the nature, recency and seriousness of his charge and our policy, he does not qualify for this program. Our work release program is a privilege and not a right as per Colorado Statutes.”

Banashek filed a motion with Goodbee asking him to reconsider the sentence to either do away with the jail time component in favor of community service or reduce the sentence to three days of straight jail in light of Jones’ decision, which Banashek called “arbitrary, capricious and legally unsupported.”

“The lack of factual and policy support for Sgt. Jones’ refusal to admit Tumpkin to work release is a strong indication that his refusal is based on improper grounds, possibly Tumpkin’s race and /or the publicity surrounding this case,” Banashek wrote.

Prosecutors did not take a stance on the decision by Broomfield police, but did object to a change in the sentence, as did Fine.

“I am just thankful that it’s over and that my mom and son were heard,” Fine said Thursday. “Judge Goodbee’s statements to me, along with his understanding of domestic violence, have really helped me to begin healing from this entire experience with the court system. I am thankful he was my judge.”

In a written ruling on Wednesday, Goodbee did not do away with the jail component, but reduced the sentence from 30 days to 25 days in light of the fact that Tumpkin would now be serving straight jail time. Goodbee also denied a request by Tumpkin to delay the sentence, ordering him to report to the jail at 9 a.m. Friday.

“The court’s order ‘authorized’ a jail sentence to be served through use of work release,” Goodbee wrote in the ruling. “But such an authorization is not a guarantee that work release will ultimately be how the sentence is served. In some cases there is an ineligibility.”

Broomfield police did not comment further on Jones’ ruling when reached Thursday.

Fine told police Tumpkin assaulted her more than 100 times between February 2015 and November 2016 while they were dating.

Tumpkin was forced to resign from CU after the allegations became public.

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