DOUGLAS COUNTY - Police say Erin Giberti tried to kill herself and her two kids and then changed her mind.
After she divorced her children's father, her car was repossessed, and her house went into foreclosure court records show the Douglas County mom and real estate agent took 29 Xanax pills, put her children into a borrowed car in her garage and then turned it on, intending to never wake up.
The account of what led to the incident on Dec. 9, 2013 is an outlined in court paperwork obtained by 9Wants to Know. The 17 pages describe why the Douglas County Sheriff's department arrested the 36-year-old on two counts criminal attempted murder in the first-degree and two counts of criminal attempted murder in the first-degree of a child under the age of 12 by one in a position of trust.
Giberti was arrested on Dec. 19 after a hospitalization to recover from the incident on Dec. 9. She texted a friend that she had taken the Xanax with vodka and was in the garage with the boys.
The text said, "Im not OK. I just took 20 mg of Xanex. Intentional alL the way. IM so done."
That friend called 911. The boys were found outside in the freezing temperatures alone when police arrived. A detective wrote his car registered the outside temperature at the time as 6 degrees.
According to records, Giberti also texted her ex-husband from inside the garage, "You never believed me on this it is too much for me."
Days later from her hospital bed, Giberti told investigators she had full custody of her children and had just learned the boy's father was getting remarried. Her parents had died and the only family support she had was an aunt and uncle that lived out-of-town.
According to the court paperwork, Giberti told investigators that her ex-husband has "zero visitation or parenting time" and has infrequently visits the boys.
A detective at the scene said he called her ex-husband Mike Giberti to pick up the children. The investigator wrote, "Michael told him 'that doesn't really work for me right now'" and asked if Giberti's friend who called 911 could take the boys.
Giberti reportedly admitted to an on-again, off-again boyfriend she has known since high school in an email: "I took the boys knowing I have zero help and knew there was no one to help them. Got in the car turned it on with the garage door shut with the intent to die and take them with me."
The two boys described to investigators how mommy is sick. The 4-year-old said he tried to shake her but she didn't wake up. The 7-year-old described how he tried honking the horn and got out of the garage because his mom opened the garage.
The affidavit says when police arrived one of the boys looked at the detective and said, "mommy is in the car". Giberti was found buckled up on the drivers side and slumped over towards the passenger seat.
Giberti is in custody in the Douglas County Jail on a $250,000 bond.
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