A pending felony embezzlement charge against a former Montezuma County undersheriff boils down to an automobile performance chip bought on the Internet.
Felony embezzlement and related misdemeanor charges were officially filed against Robin Cronk before Montezuma County Court Judge JenniLynn Lawrence on Wednesday. Represented by public defender Amy Smith, the county’s former undersheriff waived his right to a formal reading of the charges.
The initial complaint against Cronk was filed July 17, the same day he turned himself in to authorities on a single count of felony embezzlement of public funds and a single misdemeanor count of first-degree official misconduct.
During Wednesday’s proceedings, District Attorney Will Furse explained the embezzlement charge is in connection to the purchase of a performance chip installed on a Chevy Trailblazer that belonged to Cronk’s wife.
Credit card receipts obtained by the Cortez Journal earlier this month reveal that Cronk purchased two performance chips from on online vendor on March 26, 2013. The $143.95 credit card bill from gforcechips.com indicates performance chips were purchased for a 2006 Chevy Trailblazer and a 2009 Dodge Durango. Both were shipped to Cronk at the sheriff’s department.
Also on Wednesday, Smith requested that Lawrence unseal the arrest warrant in the case, citing she couldn’t prepare an adequate defense for her client without knowing the full details in the case.
“Advisement without meat to it, I think, is ineffective advisement,” Smith said. “Mr. Cronk has a right to due process. It’s prophylactic to keep these records sealed.”
Furse opposed opening the arrest warrant, citing the case remained under investigation. He did agree to release information in the warrant pertinent to current charges.
“The people can, and will, redact information, and provide discovery to defense counsel,” Furse said. “Any other information related to the ongoing investigation would remain sealed, and that is our request.”
Lawrence ruled that prosecutors must produce all relevant documents to defense counsel on the pending charges before the court. The warrant, however, remains sealed from public access, Furse said after the proceedings.
Smith also requested that Lawrence remove the protection order she imposed against her client at a bond hearing last week, which bars Cronk from any harassing communications with the entire Montezuma County Sheriff’s Office.
Smith argued the allegations of harassment couldn’t be corroborated.
“The protection order is warrantless,” Smith said. “Suspend it, vacate it or have a hearing about it.”
Furse argued that Cronk is still perceived as a leader by many in the sheriff’s office, and the protection order should remain. Then he requested the protection order be expanded, banning Cronk from having any communication with Deputy Vicky Pierce.
Furse told Lawrence that Cronk made back-to-back phone calls to Pierce last Friday. She reportedly ignored both calls. Moments later, after she entered Denny’s Restaurant, Furse said Cronk sent Pierce a text message, “How’s Denny’s?” The text intimidated and scared Pierce, he said.
Lawrence granted the defense request to lift the blanket-wide protection order on the entire sheriff’s department, saying deputies should be informed that Cronk is no longer in a leadership role. However, she didn’t tolerate the alleged harassment against Pierce.
“That is akin to stalking-type behavior,” she told Cronk.
Her new protection order prohibits Cronk from any form of communication with Pierce, and included instructions not to come within 100 yards Pierce.
Released on a $1,500 cash bond, Cronk is next scheduled to appear in court at 1:30 p.m. on Aug. 20, when he will officially be arraigned before District Court Chief Judge Doug Walker.
The charges stem from a Colorado Bureau of Investigations probe of alleged misuse of county funds by Cronk.
The 43-year-old Mancos resident is accused of purchasing items for personal use over an extended period of time using a taxpayer-funded, department-issued credit card, said a CBI spokesperson.
According to county expense records, Cronk’s credit card purchases in March totaled nearly $1,300. In addition to the performance chips, Cronk made other online charges the same month, including a Bluetooth microphone, headlights and a cherry wood coin holder. In March, he also charged four meals and made purchases at several area hardware, farm and department stores using the agency’s credit card, reports show.
Montezuma County Sheriff Dennis Spruell maintains a majority of the credit card charges made by Cronk was for legitimate, work-related issues. Any illegal activity committed will be disclosed and Cronk will be held accountable, he said.
Cronk was tapped as the Montezuma County undersheriff in 2011 when Spruell took command of the county’s top law enforcement agency.
Cronk reportedly worked in the sheriff’s office, first as a deputy, for a total of four-and-a-half years before resigning from the agency last month after the credit card scandal.
