Charle and Siller released

DA agrees to let men go

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Giles Charle and David Siller talk about their experience after being released from Routt County Jail.

Giles Charle and David Siller talk about their experience after being released from Routt County Jail.

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Giles Charle, left, and David Siller talk about being released from the Routt County Jail on Wednesday evening.

— Giles Charle and David Siller walked out of the Routt County Jail on Wednesday after the District Attorney's Office took the extraordinary step of reducing their six-month jail sentences to the 10 days they had spent in jail.

"We've had a lot of mood swings in the last 24 hours," Siller said.

Added Charle, "Our hopes were down and then all of a sudden, it's all over. We were really beginning to accept that this was going to be our home for a while."

Charle, 24, of Somersworth, N.H., and Siller, 27, of Wayne, Pa., pleaded guilty last week to misdemeanor trespass and were sentenced to six months in jail as part of a plea agreement reached with the District Attorney's Office. They said they accepted the plea because they didn't want to risk being convicted of a felony.

The men have maintained that they took food only from the trash area at Sweet Pea Produce. Police and prosecutors maintain that the men stole fresh produce from inside the store.

Assistant District Attorney Kerry St. James on Wednesday sent a letter to defense attorney Wayne Westphale offering to reduce the sentences. In the letter, St. James wrote: "We will agree to a stipulated reduction of sentence in these two cases to the time that the defendants have served in the Routt County Jail. I have prepared a stipulation reflecting the agreement."

Fourteenth Judicial District Attorney Bonnie Roesink declined comment Wednesday about the decision, saying her office's position was stated in the letter.

"It does now, however, appear that based upon incomplete and incorrect information, a portion of the community has committed to a view of this case and its outcome," St. James wrote. "My office will not be able to change this misperception. It is clear the portion of the community reacting to that misinformation wishes a different outcome."

He added, "While my office continues to persist in its contention that this was a burglary case and that your clients unlawfully entered the interior of the store, we are willing to compromise our position and hope that the message still remains that it is unacceptable to burglarize a local business."

Westphale, who was waiting outside the jail Wednesday to make sure the men had a ride, said he was ecstatic for the sudden turn of events, especially because the DA's Office had drawn a hard line Tuesday.

"I'm happy for these guys that they're finally being released," he said.

The men served three days in jail when they first were arrested and seven days of their sentence.

"I think (what they've served) is still a bit much, but I'm happy the way it turned around," Westphale said. "Ten days is much better than 180. A lot happened to them for Dumpster diving."

The men agreed.

"The whole thing was too much. We've been trapped in Steamboat two months because we were in court every week," Charle said.

Although the men have been released from jail, they will still have the misdemeanor conviction on their records. The DA's Office would not change the men's conviction to a deferred judgment, Westphale said.

The misdemeanor conviction was a better deal than the deferred felony agreement the DA's Office offered. That deal included two years of supervised probation, Westphale said.

The men said they understood St. James was doing his job, but they were also glad he changed his mind, if not about the crime they committed, then about their sentence.

"We're glad he saw the truth for what the truth was," Siller said.

Charle's mother, Shaune McCarthy Charle, said from her New Hampshire home on Wednesday that she was disappointed her daughter and husband weren't home when she got the call the men had been released.

"Oh my God. Jesus. I just can't believe it," she said. "I guess there is justice in the world after all."

Shaune Charle said she couldn't thank enough all the people who stood up for her son and Siller. Their story ran in newspapers across the country and hundreds of people sent e-mails and posted message on steamboatpilot.com on behalf of the men.

In his letter, St. James said "great media coverage" influenced Wednesday's decision. He said the bulk of that coverage was one-sided.

Upon his release, Siller said he was headed home to Pennsylvania. Charle said he may do more traveling.

The men said they would consider returning to Steamboat Springs, and they encourage people who have threatened boycotting the city or Sweet Pea Produce not to do so.

"We know that this was a touchy issue for the town. We knew coming into town (in June) that the entire town was on edge because the Rainbow (Family of Living Light) group was in town," Siller said. "We want the town to know we are very thankful to everyone who cared enough to read about our story and speak up about their concerns."

- To reach Alexis DeLaCruz, call 871-4234 or e-mail adelacruz@steamboatpilot.com

Comments

cheesehead 8 years, 2 months ago

"they said they accepted the plea because they were afraid to risk being convicted of a felony."

what the hell am I missing here? What felony were they afraid of being convicted on if they didn't do anything wrong? Is it that easy to accidently commit a felony? St. James, one the many reasons you don't have supporters is because you have no balls.

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georgelstarr 8 years, 2 months ago

I am glad that Kerry St. James and Bonnie Roesink saw the error of their ways. When I first saw this story I thought it was a joke. But now I know it was Kerry St. James and Bonnie Roesink are the joke. A big one at that. I do hope that your town and county can overcome what those two idiots have done. I think you need a new DA and Asst. DA.

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studiocramer 8 years, 2 months ago

It is good to see those two got released. I was beginning to think that I didn't live in the United States. Mr. St. James and Ms. Roesink need a wake up call. I do not believe what Mr. St. James says at all. He is not a creditable person and his vindictive actions show me what he is. Ms. Roesink is not much better. I do believe that the voters of this county need to find a REAL Dist. Att. and Asst. Dist. Att.

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Rollout 8 years, 2 months ago

I wonder if St.James did it due to morals, and what was right, or what everyone thought and the fact that it was well published.

Dont forget, there were others that posted this kind of thing was normal for him with the males in this age group getting unusual long sentences....

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leannedrumen 8 years, 2 months ago

I do believe that all the convictions of the DA's office should be reviewed. Mr. Kerry St. James needs to be stopped abusing his power. I would include Ms. Bonnie Boesink in that also. It is sad that they have hurt the community. Can the people stand 2 more years of those two? ( I say that, because I heard they have 2 more years in their jobs.) If that is true I sure feel for the people there.

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butterat42 8 years, 2 months ago

This travesty will be over when Bonnie Roesink and Kerry St James are no longer in positions of power. Det. Captain Del Valle also needs to understand that it is possible in the light of further investigation to amend police reports. I am proud of those who supported Mr. Charle and Mr. Siller. I also commend Alexis DeLaCruz and the Steamboat Pilot & Today for their coverage. I hope that everyone will continue to carefully monitor the criminal justice system in your area.

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outoftowner 8 years, 2 months ago

After having been at work all day and being able to SEE posts but not post myself, I came home ready and armed to spend half the night out here talking about "distorted facts" (like 'who called who, Mr. St. James?) and "what constituted a holiday weekend (I first saw this story on AZcentral on Friday morning - a business day) and comparing the 2 year sentence of a local for assault and armed robbery to the 6 month sentence for rotten veggies... yeah, I was ready to go at it again....

THANK GOD REASON RULED IN THIS CASE AND THE GOOD PEOPLE OF STEAMBOAT SPRINGS CAN GET OUT OF THE WORLD'S FISHBOWL AND BACK TO LIFE AS USUAL.

I hope, however, that you keep this situation in mind every time you see something from your DA's office that doesn't seem quite right. (Like, what was it I read today - that the ADA is co-habitating with a subordinate??? - rumor, I guess)

I have shared my public comments publicly, my private comments to the ADA, the DA and the Gov to their emails and phone voice mails.

I now relish the thought of sharing my private comments to the key individuals in this saga with them privately.

Guess there's no more reason to be here - for now.

But this page is now bookmarked. As I said in my first post, yes, I admit it. I'm a news junkie. Hope I don't feel compelled to come back.

And Numz, regardless, I enjoyed our boxing matches. Best to you and yours.

Over and Outoftowner.

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MomFromSteamboat 8 years, 2 months ago

Like most people in Steamboat, I am delighted that Mr. Charle and Mr. Siller have been released. Over the last fews days, people from all sides of the political spectrum in our town have expressed their dismay and outrage over the unjust manner in which these gentlemen have been dealt with.

On behalf of our town, I also thank Mr. Charle and Mr. Siller for their remarkable tolerance, and their willingness to visit us again, despite everything that has happened to them. Like them, I would urge people not to boycott Steamboat, because, trust me, the only losers in that would be the "little guys".

Now, to business -- does anyone out there know what the actual process is to get a recall election on the ballot? Please -- no crazy rants -- just simple and clear instructions on how a group of concerned citizens goes about such a process. Do we circulate petitions? Is there a specific format for the petition? How many signatures are needed? Does the recall election have to coincide with the standard November ballot? Thanks for any advice.

A Mom From Steamboat

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mkbar 8 years, 2 months ago

Cheesehead, what you are missing is a dose of reality. People are wrongfully convicted in the United States quite often. From a Boulder Weekly article in 2001. "The National Institute of Justice reported that as many as 10 percent of the inmates in the United States may be factually innocent of the crimes for which they were convicted." The attorneys they consulted have to weigh more than just whether the men are guilty or innocent. They look at the evidence the prosecution has and how it may be interpreted. They also look at the attitude of the people that the jury will be selected from. You have to admit that the attitude of the community was not very good toward the rainbow family and it's members. I don't know what kind of odds the attorneys gave them but let's say it was 50/50. If you were 24 years old would you gamble your future on a coin toss?

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cheesehead 8 years, 2 months ago

I guess I'm not getting through all the info well enough. To much of this "he said she said "junk. The more I read about it the more it seems that nobody really knows what the hell happened that night except for the two guys. everyone else seems to have changed there story at some point. When I was young a buddy of mine got a felony for a twelve pack of beer, he was the example for a neighborhood that had a string of burlaries. he took the deffered felony and now its gone. he didn't blame anyone but himself. It sounds like there was a strong belief that these guys enterd the store. If I were the D.A. in a town that's been hit with recent burglaries (here) I to would make an example of them if I believed they took stuff from the cooler. And if I were on the other side and knew I didn't go in the store, and knew there was a witness I'd like to think I'd be able to clear my name. But what the hell, I've never been in that situation and I'd probably be scared to fight felony charges as well. Now that I think about it, I've been scared of this D.A.s office for years, and I'm not a criminal. The reversal by st. james is interesting, it shows the corruption in our court house can go both ways. doesn't matter what the D.A. feels is right, it just matters what the town's money is telling him what to do. I still feel we don't know the whole story. hopefully this whole thing was a bunch of srew ups by everyone involved and nothing more.

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1FRANKENSTEIN 8 years, 2 months ago

O.K., BUTT ONLY IF I DON'T HAVE TO GET WET........(i'm a little nervous of the Wa.....ter.) A SPINLESS __

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friendfromNH 8 years, 2 months ago

Congratulations to Giles and David for being released and for your courage in going through this unjust ordeal. Your friends and family all believed in you and in the power of the many to right a wrong. We're glad you will be coming home soon, Giles, and you are welcome to come over and pick tomatoes from our garden anytime you would like.

For all of you who supported these guys even though you did not know them but realized the wrong in this case - thanks. You made a good choice because we who do know them know that they would not have stolen anything and never would have broken into a store.

For all of you who did not know these guys but formed a prejudiced opinion, like the ADA, because they were part of Rainbow group - shame on you! We who do know them believe them when they say that they only took the vegetables from the dumpster. We understand that they believed they were just taking something that would have gone to waste but they did not think they were causing anyone any harm.

A couple of comments to some of the other comments I have read here the last couple of days. Yes, they are probably hippies if by hippy you mean someone who tries to live off the land when they can and believes in peace and love but all hippies are not druggies and I know these guys aren't.

Why did they plead guilty? Because they were given two choices - to plead guilty to a misdemeanor with some jail time or risk a trial that could result in a felony conviction if they lost and that would stay on their records. Have you ever noticed that on any job application there is the question "have you ever been convicted of a felony?", but nothing about a misdemeanor? Do you think they thought they were going to get a fair trial from a justice system that was giving them those choices for something so trivial as taking spoiled vegetables from a dumpster? Get real, they were scared of risking their futures and nothing more. There is no big dark hidden truth - they took stuff from a dumpster and the ADA wanted to make an example of them. Oh, and in our city the only reason there are fences around dumpsters is because there is a code that requires a fence so the ugly things won't be an eye-sore. The fences have nothing to do with keeping people out. Look into it - I bet it's the same in your lovely little town, too.

I am just glad the ADA came to his senses with a little pressure and that justice was served - sometimes the little guy does win in the end.

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grins 8 years, 2 months ago

Don't any body forget the "signage" these two had to go through,... the "hell's angels", "Pooh", "Rountt County Day Care(RRDC)", "LOCAL" & next is YOU!!!

There is NO Sence in common reasoning, without a conclusive end!!!

I'm SO-GLAD there was an Outoftowner watching than to let the #s roll!!!

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lunadancer 8 years, 2 months ago

On Tues. along with others, I emailed the following to the Steamboat DA, the CO Governor, and the Exec. VP of the Steamboat Chamber of Commerce about this case:

Tuesday, September 05, 2006 3:12 PM To: Broesink@moffatcounty.net; governorowens@state.co.us; sevans@steamboatchamber.com Subject: Comments on Sweet Pea case

Greetings, Governor Owens, Ms. Roesink, and Ms. Evans-Hall,

I wanted to express my concern about this case involving the two men who trespassed onto Sweet Pea Produce's property and removed garbage from the container, in your town of Steamboat Springs.

The defendants must surely deserve another opportunity to have their case heard, and given an opportunity to choose between APPROPRIATE punishments, or perhaps simply handed down one that is appropriate to the "crime". I am glad it is starting to get national attention, as perhaps that is just the kind of press coverage that will provide incentive to clean this mess up.

In my state (Oregon), theft from a home garbage container provided by the local garbage hauling company is theft against the garbage company, and theft from a container provided to a BUSINESS is theft from that business. As you know, the business affected here, Sweet Pea Produce, elected NOT to press charges, and are not the ones who reported this, so WHY then is there anymore to do to deal with this?

Most importantly: I realize that this is a punishment against the group the men belong to, a statement against the Rainbow Family. That these men are being used as scapegoats is shameful, and Mr. St. James should be held accountable. I am not personally in support of nor affiliated with the Rainbow Family. I STILL however see that these men should not be punished this way, and that this punishment did NOT fit the crime.

Another person who has spoken up about this made some very good points in this quote: , "To say that their affiliation with the Rainbow Family didn't help their causes is an understatement. The reason this even went to the point of prosecuting is BECAUSE they are members of the Rainbow Family. The DA even stated, according to the "victim" of the trespass that he was not going to let the RF take over their nice town and he was going to make an example of these 2 guys. That, in my opinion, constitutes a "hate crime". He set out to harm these 2 men (do damage to their lives/future) BECAUSE they are members of a group he detests. The reason it might seem okay to some is that he was wearing a suit and tie instead of a white robe and hood, and carried a brief case instead of a burning cross."

In any case, this situation, if left unsolved, may profoundly affect your town's future commerce, so I hope this is not taken lightly. There are a LOT of folks like me and my family who look for great places to travel and bring our business, and anyone counting your fine city "out" over this would be a real shame.

Thank you for your time. (my name) (my city), Oregon

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lunadancer 8 years, 2 months ago

...and THIS wonderful reply below that I received is from the Chamber VP. I shared these two posts to say "good on ya' " to everyone who voiced their opposition...it's one of the freedoms we have in this country, and everyone's efforts have proven it's effective to speak up about injustice!!

(from the Chamber:) Thank you for taking the time to write to us. As you can see, the two men have now been released. Steamboat Springs continues to be a very friendly and welcoming community and I'm very sorry that this had to happen. Please forgive us!

(link to story)

Sandy Evans Hall Executive Vice President Steamboat Springs Chamber Resort Association 970-879-0882 ext. 210 sevans@steamboatchamber.com www.steamboatchamber.com www.steamboatsummer.com

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grins 8 years, 2 months ago

I Know the devil sits and spins as seas of space I ponder. Here in cyber,... blogs, trolls, realities unknown and where Service is never in VAIN. -thanxs Robert!

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grins 8 years, 2 months ago

WOW-it's been nine years since steamboat had this much publicity-serious just yesterday at some-horse-inn. Who-ever-shot -whom could any body pro-sue-cute. More laws to be in-acted? Maybe a change to a more socolistic community?

Maybe the R.F ers should contact the HELLS ANGELS on how to derive to a more PEACE-FUL gathering .(using scanners.)

'97 t'was a good year. It Was the awakining of FEARS! Rainbows should always be WELCOMED HERE!!!

Can You See The Connection! '84

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grins 8 years, 2 months ago

I Posted Thought

enjoy'n post!!!

anybodie's enjoy'n realm?\

THANK-YOU. outofto

wner

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Momabear 8 years, 2 months ago

Glad the DA's office finally took the right action. However, because it was qualified by the "we were right for what we did, but the public does not think so" wording, I believe MomFromSteamboat has the right idea. Your city really needs to remove these two from the DA's office.

This case has highlighted a serious problem. This case is not the problem itself, but a symptom of a deeper problem. The problem is abuse of power by your local prosecutors and that needs to be resolved.

I book conventions and Steamboat Springs is off my radar for all conventions until this is fixed. People in my position are not going to be willing to risk having any member of a group they have booked for a convention subjected to this sort of abuse of power. Knowing this sort information and avoiding booking conventions to such cities is what I get paid to do.

What happened in Steamboat Springs has been the topic of conversation on boards frequented by those in the travel and convention industry. It is going to make marketing your city to travel agents and convention planners much harder in the coming year.

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weallnutz 8 years, 2 months ago

We all love conspiracy theories, so we quote defense attorneys and continue to throw "Dumpster Diving" around as if thats all that happenend. Seems to me the Sweet Pea owners owe the community an appology, did you read their written statement? They believed these people broke into their business and took their belongings, they also said they wanted the pair prosecuted. Then when the heat got on they changed position and lied about what they had previously said, this made the whole situation look even more ridiculous. I know we don't let the facts get in the way of good stories very often but we all need to do a little research and stop distorting the facts. Read the reports completely and then see if you still think they were just "Dumpster Diving." The punishment was probably still too harsh for breaking into a fruit stand and taking food(Even with $500.00 cash on them), but lets not congratulate and make heros out of two thieves for getting, their sentence reduced. In the end 10 days was probably about right for the thieves and Sweet Pea should be embarassed for adding fuel to an already out of control fire.

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fanofsteamboat 8 years, 2 months ago

St. James says: "It does now, however, appear that based upon incomplete and incorrect information, a portion of the community has committed to a view of this case and its outcome," St. James wrote. "My office will not be able to change this misperception. It is clear the portion of the community reacting to that misinformation wishes a different outcome."

It is obvious that he and Roesink continue to deny any responsibility or bear any blame in what has happened. Instead of stepping forward and admitting that perhaps they had been a bit heavy handed in their approach, they instead choose to point the finger at everyone else.

I agree with leannedrumen that both of them need to be taken to task on this one. If Roesink is intending on running for reelection, I would encourage everyone to simply vote her out. As for Mr. St. James, I assume that as long as Roesink is his boss his job is safe.

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digg_user 8 years, 2 months ago

I have had the absolute pleasure of speaking with Mr. Hieb directly about this too. Among police officers, Sweat Pea, and hopefully a few others pertinent to this story there is a very different story woven than was presented. I would definitely with all the facts at hand go as far as to say that the ADA and the DA's office have distorted and misrepresented everything. It is in the spirit of the law to utilize all information available to adjudicate the law, not persecute people. This office is guilty of wanton persecution, unduly burdensome requirements of participants in cases, and violating the public trust. It is my hope to continue with this and bring it light to the bar, and continue putting this in the face of attention.

Between Kerry, the ADA in Boulder, and the 9th district's power mongering, we have seen a very oppressive and corrupt legal community in the state of Colorado. With such grievous acts by elected officials, we the people must make a statewide movement against this and take our stand. Abuses of prosecutorial power are tantamount to high treason and cannot be tolerated. Many thanks to the lawyers who have chimed in, and thanks to a well known internet community of legal experts who have also chimed in and will help bring to light the really sad legal situation Colorado is in right now.

We will lose a lot more than a few tourism dollars if this kind of stuff keeps up.

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bolter 8 years, 2 months ago

Recall info:

To get the matter on the ballot, a petition must be submitted to the Secretary of State containing at least 25% of the total votes cast for the DA in the last election. In the 2004 election, more than 25,000 votes were cast for Bonnie Roesink in the 14th Judicial District (Grand, Routt and Moffat Counties). She ran unopposed. 25% of that number equals more than 6000 signatures. I have heard that a recall effort is underway, and I am sure it will be publicized. A replacement DA must be named in the recall process.

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isobel 8 years, 2 months ago

Hey, just wanted to say thanks on this page to so everyone sees it - to the fabulous folks of steamboat who supported us through this, signed petitions, wrote letters. Also thank you steamboat Pilot for following the story so diligently (especially Alexis!). And thank you Jonathon Hieb! He was so amazing, this would never of happened with out him.

!! Isobel Charle (giles' sister)

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MomFromSteamboat 8 years, 2 months ago

Neither Roesnik nor St James are up for re-election. I believe what is required is a formal recall election, which I believe begins with a recall petition. So, again, does anyone have any useful advice, or a URL that I could go to, to find out how we can actually effect some change in our DA's office?

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JazzSlave 8 years, 2 months ago

So now, ADA Barney Fife is the victim of "misperception."

Riiight - it's just not possible that Steamboat Springs at large could possibly distinguish between right & wrong. We're all a bunch of rubes.

If you and your boss honestly believe the initial sentence to be appropriate, why did you cave so easily, Barney?

There are any number of online dictionaries available, Barney. Log onto one and look up "cowardice." Then, consult a mirror and take a good, long, look.

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isobel 8 years, 2 months ago

PS to nums: your so funny! Im really glad that theres someone out there brave enough to stick with all the BS spouted by the DA, even when everyone else can see the real truth which is so apparent. Good for you!

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steamboatcrazy 8 years, 2 months ago

Don't be fooled by the actions of the DA's office. Its all about self preservation, the fire got too hot and they want to get out of the heat. This office is so corrupt its not evan a little funny. It will take about 6000 signatures to get a recall on the ballot. When you are approached to sign the petition it will be your opportunity to have your voice heard. A recall means no more St. James and no more personal vendetta's.

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digg_user 8 years, 2 months ago

Hey #'s, what exactly was burgled? The trash?

Yes it is against the law to burgle someone's trash that has yet to be collected.

In Elko, NV it is also against the law to walk the street without a facemask. It is on the books right now, it has yet to be repealed.

The spirit of the law is justice, not persecution. This office dishes out plenty of persecution with little justice, that's the greater point here.

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weallnutz 8 years, 2 months ago

Sweet Pea owners said the fruit was from within the store not out of the trash, read their written, signed statement, somebody besides Nums read the report, its public information!! Only later did they realize if they were pursuing and supporting the 6 month sentence it would seriously hurt their business did the story change, don't let them off scott free, either they believe they were in the store, or they don't, but confusion on all sides is because THEY have 2 different stories!

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digg_user 8 years, 2 months ago

379664

Then why are legal experts calling this a blurred interpretation of burglary?

With a little bit of research, case law and using prior tried cases as an example define what happened here as trespassing.

As I said, it is on the books to be tried and convicted for not wearing a facemask in Elko, NV.

It is also technically burglary to steal trash, and they were morons for stealing trash. However, the intent and context of the law deals with stealing more than just refuse. What you are doing is reaching for justification on this, and that leads me to question your bias and motivations for so vehemently defending the ADA's actions. I would challenge you to explain as to why an ADA would prosecute a case like this and not other wanton offenses that test the public trust.

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digg_user 8 years, 2 months ago

Weallnutz, when you have not had a chance to fully inspect your properties but are demanded of a police report on the spot so to speak, you only present what you see at that moment.

If you had a call come in stating that you were just burglarized, under that context you must first discover that you were not in order to reverse your story. Unfortunately that period of discovery could not happen until after the apprehension had taken place.

The Sweet Pea owners had further investigated and wished to present information relevant to the case that the ADA had ignored. They were at fault for not filling out what was asked of them initially. However, if the ADA was truly serving the public trust, he would have mentioned that form to them when they had made their last inquiry and statement rather than ignore them and say an example needs to be made.

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freshair 8 years, 2 months ago

"I book conventions and Steamboat Springs is off my radar for all conventions until this is fixed. People in my position are not going to be willing to risk having any member of a group they have booked for a convention subjected to this sort of abuse of power. Knowing this sort information and avoiding booking conventions to such cities is what I get paid to do...What happened in Steamboat Springs has been the topic of conversation on boards frequented by those in the travel and convention industry. It is going to make marketing your city to travel agents and convention planners much harder in the coming year."

LOL, sure and I'm Senator John Kerry. More people cancelled their vacations to Routt County around the 4th of July than ever before recorded when it was learned the RF'ers were coming to town. Just ask the local tourist and lodging industry or read the Pilot from June and July of this summer. One thing for sure, it'll be a long time before any drugged-out bunch of unwashed and foul-smelling social misfits descend upon Routt County for a 'gathering.'

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georgelstarr 8 years, 2 months ago

I agree with leannedrumen that the cases that these corrupt officials should be reviewed. What Charle and Siller wasn't the right thing to do, but, I think that Roesink and St. James went way overboard.

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studiocramer 8 years, 2 months ago

I live in New Mexico and I have seen a lot of things. But, I will have to say, that the power freaks of the DA's office amazes me. Bullies in power. I also think that all the cases they have prosecuted should be reviewed. Don't blame anyone but St.James and Roesink for that mess. As they have proven that they are not creditable in what they say. They got to feeling the power of their office and felt they didn't have to answer to anyone. Well, they have to answer to the good people of Steamboat Springs, Colo. I am going to make it up that way just to see these idiots in action. Hey, is anyone going to sell t shirts on this? I would like to buy one.

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gnovembe 8 years, 2 months ago

Is there a Judge in this case? Isn't the DA supossed to recommend sentences to a judge? And how does the DA release a convicted criminal at his/her discretion? Where is the rule of law in this case?

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None 8 years, 2 months ago

Freshair: The rainbow gathering filled the hotels in Steamboat with over 100 Law Enforcment Officers who all ate in local resturants shopped at local stores etc. Lots of dollors. No one cancelled, no one vacations in Steamboat in the summer and hotels are at there lowest rates (unless the rainbow family comes). Numbers: What are you worried about, with an eye on law enforcment you might have to pay that speeding ticket. No more favors for you. Do you ever urinate? Can we call you "THE PISSER"?? Steamboat is a nice little town..... if we could get rid of the name callers and bigots it would be better.

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MomFromSteamboat 8 years, 2 months ago

Bolter - thanks for your valuable info on the recall process. Do you know if the recall election must coincide with the regular November elections? It was my understanding that the deadline to have things put on the November ballot has already passed. Also, is there a specific format required for the recall petition, or can we simply draft up our own petition?

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corduroy 8 years, 2 months ago

Can anyone post links to articles about this from nationwide? I'm just curious. I live in Steamboat so I haven't heard other viewpoints from reporters.

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freshair 8 years, 2 months ago

007134 You obviously are not from Routt County. The 4th of July weekend is one of the biggest summer visitor periods up here. Cancellations were higher than they've ever been from people who had previously booked lodging for that period when news got out that the RF'ers were coming.

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Tall_Poppy 8 years, 2 months ago

No one vacations is Steamboat in the summer? Are we talking about the same town? Feels like EVERYONE is on vacation here over summer. July 4th. Balloon Rodeo, Music in the Mountains, Wine Festival, Perry Mansfield Programs, marathon, dog trials, Triple Crown, tubing, the Howler, fishing, mountain biking.....

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rdr 8 years, 2 months ago

379664 said:

"Hopefully now he and his cohort can leave this pristine mountain town and NEVER, EVER COME BACK!"

Wow! [That's my second Wow to start a comment in these threads - starting to get habit forming.]

So I pop over to the Pilot this afternoon to see if there are any updates. I sent email a day or so ago to the City Council and the Chamber of Commerce to indicate that things appeared to be somewhat out of whack. (Basically I copied the text I posted to an earlier Pilot thread when I was first made aware of the issue.)

And by golly I see that the boys are free! Forgive an old networking geek borrowing from the younger crowd, but 'w00T!'

Well, my first thought after seeing the latest update is that I should post and indicate that both the City Council rep and the person from the Chamber had replied very quickly and cordially to my emails, so apart from the continuing issue that Steamboat will have until (unless) enough citizens force a career change on the DA and ADA, it seems like the rest of the town has largely considered that things were probably a bit out of proportion for this case.

Then I hit comments like the one left by old 379664.

Sigh.

Look, I've known and hung with Rainbows since the early 80's. Yes, many of them do a lot of things that run counter to what most of us think is a 'normal' daily routine. Yes, some of them on occasion step over lines from time to time, and often those steps mean that some form of scolding and corrective action is required. But you don't need an elephant gun to shoot a gnat. And over time I've tended to notice that most of my old Rainbow contacts have become as mainstream as all of my other friends and acquaintances. One's an MD now. Another is a senior programmer in a large firm. Most have families; some have kids. All still have free spirits and do their best to encourage a sense of community and caring for all; commodities rather sorely lacking in a nation that's all too polarized around Red and Blue while a once strong Middle Class is slowly ground out of existence.

379? [May I be informal?] Until I saw today's news I was quite ready to pull Steamboat from my family destination list when we do the behind-the-Front-Range summer vacation every second or third year. Based on the early release combined with the concerned notes I've received from town representatives, I'm ready to change my thoughts and consider a visit. I hope, though, that by the time we get out there you will have taken more time to reflect on the matter and will have modified your views to some extent. Falling back on a strict legal interpretation and allowing for no community leeway in the application of a law is not, I think, what our Founders had in mind.

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mark1 8 years, 2 months ago

Quite simply a travesty of justice has occured. Mr St. James and Ms. Boesnik have abused their powers. This is not the first time and will not be the last. Let us all in Steamboat now take action and effect the recall of Ms. Boesnik.

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NotFromSteamBoat 8 years, 2 months ago

E-mail Executive Director Charles Turner (cturner@cobar.org) of the Colorado Bar Association with concerns about Assistant District Attorney Kerry St. James , District Attorney Bonnie Roesink and Judge James Garrecht with concerns about violations of the Rules of Professional Conduct. If they are abusing their power they need to be investigated.

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peabody85 8 years, 2 months ago

Dear 379664:

Sorry that you have no idea what constitutes a burglary. Nice that you claim to be a paralegal, however a little alleged knowledge is dangerous. A burglary consists of the unlawful entry into a (occupied) or (unoccupied) BUILDING with th intent to commit a crime therein. Jumping over a fence designed to exclude intruders is a class two MISDEMEANOR. Stealing $ 15.00 of "pig food" is a class three MISDEMEANOR. Thus, before spouting off you should know what you are talking about.

Have a nice day or as you apparent hero Kerry would say : "Pax Vobiscum"

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TOS 8 years, 2 months ago

Peabody85,

Jonathon said

they did jump the fence into my storage area. my storage area >does contain items of value

So what does that make it?

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digg_user 8 years, 2 months ago

379664,

For having worked as a paralegal it's also an example of your ignorance that you state "burglary" yet in CRS there are 4 different statuts constituting different levels of offense for the different levels of burglarism.

What you are doing effectively here is removing your own credibility and giving the "opposing side" yet even more credence to their arguement. Your arguements are circular and your points lack any sound basis. What you are stating is purely hypothetical and not grounded in reality. The conviction happened, there is no case law here due to the plea bargain.

Yet according to case law, what was committed here was indeed a misdemeanor with the maximum possible sentence pursued. If you were a lawyer, you'd have lost your credentials on this one case had you participated as counsel in it.

I actually appreciate your debate, even if it is delusional and irrational. By giving us solid ground to base our discussion off of, you've all but vindicated our points as they refute your statements.

Please, keep it coming, the more stuff you throw out the worse you tar yourself and make my own points all the more rational.

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NotFromSteamBoat 8 years, 2 months ago

The correct office to complain about Assistant District Attorney Kerry St. James , District Attorney Bonnie Roesink and Judge James Garrecht is the Colorado Office of Attorney Regulation.
Their webpage is listed under the Colorado Supreme Court (www.coloradosupremecourt.com) or can be contacted directly by calling 303.866.6400 or 877.888.1370

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digg_user 8 years, 2 months ago

Your last comment really has me chuckling, if you consider a trash bin a product dispensing device, or "goods container" or anything of that nature then yes, that law applies.

Given the information supplied later by the store owners, they did not appear to have intent on stealing from anywhere but the trash. By your own quote (and I have read those statutes by the way) that no longer fits the definition.

Another point is that this takes a layman a few minutes of googling to find this out, I do not think the defense attorney was being on the level and there is some shady practice there that needs review as well. I have spoken to a couple of attorneys who said they would have had no problem advising a client in this situation to plead not guilty to burglary and probably would have received a far lesser conviction on trespassing than these individuals have.

This was no burglary case by the definitions of burglary as defined by CRS, when you look at the information presented by the victims after the police report.

When you prosecute solely based on a police report and ignore all other information presented after the fact, you may have a case, but it takes a pretty corrupt court to allow you to do that.

It is my personal belief that there was an agenda that also included the defense attorney.

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Brandon Oren 8 years, 2 months ago

Why don't you all give the DA's office a little credit. It is not easy for public officials, who are paid to work with in an adversarial system, to back down when it is the right thing to do. I live in a town with one of the highest propery crime rates in the country. I have had my car broken into twice in the last year and my garage once. I must say it is refreshing to see a place where they take property crime seriously. It is no fun to live in a place where property crime is not taken seriously and you have to nail everything down or it will disappear. Believe me you don't want a system in which DA's are not aggressive. There were alot of people other than the DA that had to go along with the original sentence. It sounds like to me that alot of the posts are more about pushing an agenda or grinding an ax and not about the reasonable resolution of a problem.

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bolter 8 years, 2 months ago

s: I have ignored your nutty posts, but your ignorance is just too much. You were undoubtedly fired from your job as a paralegal.

18-4-202 is first degree burglary. It requires an entry into a building or occupied structure AND an assault or menacing with a deadly weapon on the way in or out.

                           Strike one.

18-4-203 is second degree burglary. It requires an unlawful entry in a building or occupied structure, with the intent to commit a crime. The only conceivable crime is theft. 18-4-401 defines theft. Knowingly obtains or exercises control over anything of value of another without authorization. Is thrown out food "anything of value" or "property of another"? Moreover, the yard at sweet pea was not a building or occupied structure.

                          Strike two.

18-4-203 is third degree burglary. It requires entering or breaking into a vault, safe, cash register, coin vending machine, product dispenser, money depository, safe deposit box, coin telephone, coin box or other apparatus or equipment whether or not coin operated. "trash can" is not on the list.

                          Strike three---you're out!

I urge you to take a page from your own post and "By all means, double check the codes for yourself. They are spelled out quite nicely. I don't have any tar handy, thus I will dust myself with fine perfume instead."

Get the tar, baby.....what's that smell?

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digg_user 8 years, 2 months ago

379664

I hope that you see what is happening here. Facing reality can be a difficult process for the embittered, I hope you make it through this stronger.

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intowner 8 years, 2 months ago

To answer a question from earlier in the posts, yes, Kerry has had a "personal relationsihp" with a (married) subordinate. Since he, too, was married at the outset, that means that he is a criminal since he has violated C.R.S. 18-6-105 which makes adultery illegal. Needless to say, it was great for employee morale.

For those of you that question the summer tourist industry here, you are really off-base. Our summer tourist numbers are almost as high as those in winter (and felt higher this year).

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peabody85 8 years, 2 months ago

Dear TOS,

That makes it second degree trespassing a class two misdemeanor. Intent is irrelevant. Know the law, it won't hurt. So what if there are items of value. If you take anything it is theft of the item and nothing more. Sorry but you and your paralegal buddy need to go to the Colorado Criminal Code (it is at he local library).

Peabody 85

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Seanfeld 8 years, 2 months ago

Blah Blah this number Blah Blah that number. I highly doubt that our founding fathers who put their lives on the line to fight government opression would have killed anyone for taking garbage. If they did they would be hypocrites and people would spit on their graves instead of raising monuments to them. Well maybe no one would spit on their graves because we wouldn't know who they were because no one would have followed them just like how the people of Steamboat did not follow the so called leadership of St. James and Roesnik. Part of the freedom that I personally feel everyday as an American is the fact that I know in my heart that I can often step over the lines that the law provides and not worry about being prosecuted unfairly because of the compassion of the American people and our system that puts the power in our hands. Guess what most of the time I speed. I usually go 75 in a 55. Yet I have never even been pulled over and have never been in an accident why because I manage the risk of doing that by not driving a red sports car, driving in the right lane except when passing and traveling at the rate of traffic. When the Cubs are in the playoffs and we are all partying and drinking in the streets which is also illegal, guess what I go to the alley and take a piss instead of pissing my pants. Why because there is no where else to go. The cops are there on the side of street standing shoulder to shoulder and if you have a beer in a can they make you pour it out and throw the can away but do they throw you in jail at a time when the city is trying to celebrate in the hopes that maybe finally the curse will be broken. Hell no. Oh hey and sometimes I trespass on people's property, if I park on another street because there is no parking. I walk through my neighbor's yard so I don't have to walk around the whole block. Do I know him, no, but I assume he's not gonna shoot me because I'm being a little lazy or in a hurry. It's a hell of a good time being an American. As Americans we should manage risks, have the guts to test where that line is, push that line and increase our freedoms day in and day out. These were a couple of guys traveling, having a good time and getting into a little mischief. There is no crime in that it's just good clean American fun. I don't care what this statute says or that statute. This is not armed robbery, breaking into a car, or child molestation, so let's not compare it to these things. I was helping my friend move the other day and these cops came there and were blocking the road. This guy came up behind them and had the audacity to honk his horn. You know what the cop came out smacked him in the face and chewed him out. I laughed at him and told him to back up and go to the next street like someone with half a brain would have done. If these guys were such a menace that would have been fine in my opinion, case settled. Price to tax payer, zero. Lesson learned, yes.

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TOS 8 years, 2 months ago

Another question for you guys: where were these caught? In their car, in the fenced in area?

I get the impression the Sweet Pea was overwhelmed with nasty phone calls. It sounds like Katherine Zambrana was totaly wigged out. Makes me wonder if they were afraid to proceed.

I do feel 6 months was excessive, but these guys don't deserve much sympathy. They misrepressented what happened. They said in the chat today that they think it was cool to be dumpster divers.

IMO the people that deserve sympathy are the owners of the Sweet Pea. They were just trying to make a living and these two Aholes showed up and put them through a liing hell. I don't blame Katherine for being mad at them. I don't know anyone that got wealthy running a produce stand. IMO they are the victims here.

I wonder if they would have pushed further if there wasn't such an uproar against them.

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another_local 8 years, 2 months ago

Oh my.... I did not look at the forum for a couple of weeks and here we are talking about Rainbow again and #s is right on par with her past track record up-holding whatever it is she stands for... makes me feel right at home.

My view?

A. The guys commited a crime. They did not deserve to get off scot free. (and they didn't)

B. The six month jail term was way out of proportion. I think they should have gotten a $50 fine and a day of community service or something like that.

C. I also think that the police and DA's office should have been willing to review and revise the information as new facts came to light. (I do not buy the implied story from the Asst DA that there are unreported circumstances or that the store owners are lying)

D. Further, I think that the judge should not have accepted the plea. (although I do aplaud the fact that he rejected the assesment of daily costs to the defendants.

I am pleased that our city counsel president, county commisioners, candidate Wall (for sheriff), representative Al White and many other community leader spoke out in concern about the apparent mis-match of crime and penalty. In fact, the only supporters I have seen for the DA have been our very own Numbers and candidate Wiggins. (I know who I'll be voting for)

F. I am glad it's over. I will sign a recall petition when I see one.

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JazzSlave 8 years, 2 months ago

another_local:

That's one of the most clear-headed post mortems I've seen here.

I, too, will keep an eye out for the petition and will sign it as well.

s:

I'm sorry I wasn't at the office when you arrived. We'll have to get together one of these days - you, me (& your hubby, if he's off duty), and the hounds.

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digg_user 8 years, 2 months ago

379664

You are completely off your rocker, by your interpretation of the statute that's tantamount to arguing a glass of water as lemonade. You're reaching really far to twist that around.

With response to your point about wishing people to be able to live safely, I believe that Colorado's "make my day" law resolves that. Enter my property and threaten mine or my family's safety - you die.

I live by the philosophy that if you take my liberty, I give you death.

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JazzSlave 8 years, 2 months ago

digg_user:

"I give you death."

Please. Who's the extremist here? #s, who cites the applicable statutes verbatim - or you, who responds with a candy-ass death threat?

It's people like you, who are unable to agreeably disagree, who contribute nothing except polarization and acrimony.

If you've come across any of my contributions on this topic, then you are aware that #s & I are at odds on this issue. And difficult as it clearly is for you to comprehend, neither party has felt it necessary to kill the other (much less behind a veil of anonymity; which leads me to speculate that cowardice is a characteristic you share with Kerry St. James).

Let me know when you finally grow up. I'll send you a card.

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JazzSlave 8 years, 2 months ago

One other thing, digg_user:

If those two Rainbow losers (whose incarceration I vehemently opposed) had appeared on my property, after dark, uninvited, rooting through my stuff even the trash cans they'd have been ordered off the premises. Had they refused to comply, they'd both be dead now.

That's not a candy-ass threat. It's me protecting me and mine through the application of relevant statutes.

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mkbar 8 years, 2 months ago

With DAs and ADAs running amok and cold blooded killers like Jazz and digg walking the streets this town is looking less and less friendly.

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leannedrumen 8 years, 2 months ago

So Kerry had a relationship with a married subordinate and was married when it started. Well, people who live in glass houses shouldn't throw stones. Adultery is illegal there? Why isn't he in jail for at least 10 years? I guess it is just a matter of who you are "sleeping" with.
Excuse me, I am starting to laugh, "snort" "giggle" "teehee".

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jonathon 8 years, 2 months ago

Wow, you guys have been busy today. WEALLNUTZ, sounds like your reading only the things you want to read. I have never lied about the police report, we did want to press charges the night of the incident. If you had been prudent in your reading of all the information you would also know once we had time to inspect our store (the retail and storage area) we found that only a trespass had occured and decided not to fill out paper work that would have said we were pressing charges. The other thing you fail to mention or realize is, once I found out the charges from giles and siller's lawyer two weeks later, I IMMEDIATELY CONTACTED ST. JAMES AND SAID HE WAS FOOLISH WITH HIS PUNISHMENT CHOICES, WHICH WAS NOTHING BUT A SQEEZE PLAY TO GET THE GUYS TO TAKE JAIL TIME. I told him they only commited trespassing, and he said he did not care and that he was going to make an example and send a message. This, according to me is the most important part of this whole story, that very few people or newspapers want to talk about. Who cares if I did or did'nt fill out the proper paper work, is'nt a personel phone call to the ADA as important or more important than any forms. I fill much more comfortable talking to someone one on one than by correspondence, as you can probable guess by my spelling and grammar or should I say lack of. So were in all of this am I lying? Also there were things in the stirage area of value, but they did not take those items, only pig food. Once again let's tighten up our thoughts and be deligent. Jonathon Hieb

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Marie Menk 8 years, 2 months ago

JazzSlave full of hotair and numbers full of well.... read her posts and you be the judge. You two get together and "do lunch" with the "hounds" . Perfect. haha thanks for the entertainment.

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jonathon 8 years, 2 months ago

By the way I'm extremely spent form this whole thing, but the right outcome has occured and now it's time to be positive, smile at everyone you see, open doors for people and drop all the anomosity this whole thing has caused. Remember, this is why we live in Steamboat, and for all the outsiders that don't understand this, you will just have to visit and find out for yourself. This will be my last comment concerning this matter

                         Peace and happy travels, Jonathon Hieb
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intowner 8 years, 2 months ago

LOL leannedrumen : Well, there is no punishment of the books for committing adultery in CO even though it is on the books as a crime. I just find it interesting that Mr. Kerry Hollier-Than-Thou St. James can be so judgmental in light of his own foibles. (Frankly, if we sent everyone who committed adultery to jail, it would be an awfully lonely place outside!).

And, by the way #s, no one ever said that the law enforcement officers did not do the right thing here. Time to knock the chip off your shoulder.

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None 8 years, 2 months ago

"When the earth is ravaged and the animals are dying, a new tribe of people shall come unto the earth from many colors, classes, creeds, and who by their actions and deeds shall make the earth green again.

They will be known as the warriors of the Rainbow"

-- Old Native American Prophecy

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mrnemo 8 years, 2 months ago

Ok, now the boys are free after 10 days, and learned a lesson. But school is not over. The people of Routt should recall St. James and Roesnik for their disgraceful behavior, poor judgement, and scandalous arrogance. Don't just let them walk away after this all blows over. Some house-cleaning is in order. Best regards to all you Steamboaters. Augie from Punta Gorda, Florida

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digg_user 8 years, 2 months ago

I have no desire to let people get off with this kind of thing, but stealing trash does not warrant 6 months in jail.

If someone came into my yard and stole trash from my garbage can, I'd be pretty frustrated and I'd make a police report. I would in no way wish a 6 month jail sentence upon an individual for that though.

What some are confusing is what would happen if someone came into my house without permission. It's very unfortunate that patriotism and vigilance is called "barbarism" while on the same note they want the entire law library thrown at a couple of people over trash.

Quite hypocritical, and it really exposes the silly logic of some individuals. Kudo's for the distortion of law, and the deluded minds for ruining this country one town at a time.

Fortunately in this case, the majority saw logic and reason unlike some sorry bitter individuals. 379664 to name one, when I see people as yourself encroach upon my liberties through your political opinion, voicing that and supporting the destruction of justice, I feel it is important to counter you.

In your case you have accomplished quite well the removal of your own credibility in open forum, and if this is how you would handle "town meeting" setting then we're all the more fortunate.

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fish 8 years, 2 months ago

I love it when cops or cops wifes think that they are lawyers. What a joke and she can't shut up. Lets hope that she never gets tired of entertaining us.

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TOS 8 years, 2 months ago

Hey Steamboat, it was fun. I may have to try skiing there sometime. Peace, love and a ton of snow.

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outoftowner 8 years, 2 months ago

And so ends the saga of Giles and David... may they have learned a tough lesson and never ever ever take anything edible from a garbage can again.

Shall we move on to the story from Milwaukee about the 20 or so young teen boys who sexually assaulted (or took what was offered?) from the 11 year old girl while the 15 year old boy and 16 year old girl coached her? And what about the 16 year old girl's 40 year old uncle who admitted to having sex with the 11 year old? (No charges had been filed; authorities were reviewing possible charges - ummm, I don't know, sir. What do YOU think we should charge him with? sigh.)

Well, it looks like this board has been abandoned now (like the asparagus, cucumber and apricots that David and Giles removed from the "product despenser" (which I think Numz was trying to define the garbage can as to make it fit some CRS - that means Can't Reconcile Shat - law....)

Lesson learned for everyone here - you have a voice. You have rights.

I've read every single post on each and every board. In the end, it all comes down to the thought projected in the very first post on the very first board.

"Maybe they should have left a note. It seems to work for some."

Is that not what this was all about?

I'm glad that David and Giles are free men today. 10 days served is plenty when you truly examine the story without all the technical facts. I'm glad that the people of Steamboat had an opportunity to speak their minds, regardless of which side they were on. I'm glad the ADA had to rethink his prosecution of this case. I hope that, when all is said and done, the people of Steamboat Springs can look at their local government with respect. And I hope that Jonathan and Katherine are left alone to sell their veggies without harrassment and threats. It takes a bigger man that St. James to publicly admit their errors. Jonathon Hieb is a bigger man. He stated his side of the story without blame. He acknowledged his role in the whole problem, and he stood his ground to see that the right thing was done.

Peace, yall!

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