Artists in Golden allege downtown shop owner stole thousands in profits from art sales, court documents say

Some artists in Golden say they are fighting to be paid for their hard work — claiming in court documents that a store owner in downtown Golden closed up shop and took off with thousands of dollars in profits from their art that was sold.

Two artists who spoke to CBS News Colorado say they've had a tough time getting answers. They both say they filed police reports, but Golden police initially told them it was a civil matter that needed to be settled in the courts.

But after CBS News Colorado inquired about their cases, Golden police said it was taking a second look at their cases.

Sabra Kuykendall, a retired nurse living in Golden, is one of the artists speaking out. She says she has always loved to paint, but once she retired, her creative outlet became a small business.

She says she saw an opportunity to sell more of her work when she was shopping in downtown Golden last summer and noticed a store selling locally made goods called the Golden Mercantile Co-op. She says she decided to sign up to allow her paintings to be sold there.

"It went pretty well for a while," Kuykendall recalls. "To watch someone appreciate your art enough to pay money for, it is a great feeling."

Kuykendall says she signed an agreement with the store's owner, Tina Turner Mayberry, that Kuykendall would keep 80% of the profits from her art sales, and Turner Mayberry would get a 20% commission.

But according to court documents filed by Kuykendall, she claims that, by late fall, the owner stopped paying her.

"I'm just flabbergasted," Kuykendall said. "I believed that she was going to stand up to her end of the bargain."

In court filings and police reports, Kuykendall claims she is still owed profits from her artwork sold in November and December, totaling about $1,200.

"There are people in our community who purchased art from this establishment, assuming they were supporting local artists, and they weren't," Kuykendall said. "I watched several of my pieces go out and even spoke to the people who were purchasing them, and I thanked them for supporting my art."

Colorado Secretary of State records show the business dissolved in February. This spring, Kuykendall filed suit in small claims court, and this summer, she filed a police report with Golden Police for theft.

"I've spent thousands and thousands of dollars on classes and equipment, on supplies, and I feel like if I'm going to do that and put it out there and someone pays for it, I should benefit from that," Kuykendall said.

Court records show she's not the only artist seeking repayment months later.

Court documents from a lawsuit filed by another artist, who wanted to remain anonymous, claim she is owed more than $7,000 for the sale of her artwork.

"Everything I make, I make with two hands. It's not in a factory on a machine. I spent hours and hours creating the goods that I sold at the Golden Mercantile Co-op, and that was time away from my family, and from other activities. That was hard sweat and tears put into that product, and to never get paid for it is so frustrating," the anonymous artist said.

Court documents show she filed suit against the business and won a default judgment of more than $7,200, but she says she still hasn't been paid, so she filed another suit against Mayberry as an individual.

She wants to warn other blossoming artists to be careful when allowing someone else to sell their crafts.

"What I would recommend is to start small, dip in a toe, but don't dive in, and just be sure that the people are going to do what they say, maybe interview other vendors to see if they are being paid, before you join," the artist said.

CBS News Colorado tried calling, texting, and knocking on Turner Mayberry's door for comment, but so far, CBS Colorado has not been able to speak with her. In emails to vendors in December, she said she would pay them.

In the meantime, Golden Police is now investigating both of the artists' cases mentioned in this story.

If you believe you have been affected, Golden Police wants to hear from you. For information on how to contact them, or file a police report online, visit Golden Police Department's website.