County Court Judge Mary Lynn James has appointed a special prosecutor in a disorderly conduct case against Austin Sadvar, 12.
Austin and his parents, Rich and Nancy Sadvar, of Craig, met with the special prosecutor, Christopher Gaddis of the 9th Judicial District in Glenwood Springs, said via telephone in closed chambers Tuesday.
Rich Sadvar described the meeting as "upbeat."
"It was the best conversation we've had since this whole thing started," Rich Sadvar said.
During the last school year, Sadvar allegedly got into a fight with a Mexican student at school. Nancy Sadvar said the boy was verbally harassing Austin when the fight started. No one was injured, she said.
The 14th Judicial District Attorney's Office originally charged Sadvar with ethnic intimidation and third-degree assault. But the alleged victim has the left the area, and the district attorney lowered the charges to disorderly conduct.
In late October, Judge James granted the Sadvars' request for a special prosecutor, Nancy Sadvar said.
Now, the family hopes Gaddis decides it isn't worth traveling to Craig to prosecute a disorderly conduct case against a 12-year-old boy and drops the case.
Gaddis is the third prosecutor on this case. Amy Fitch, 14th Judicial Circuit deputy district attorney, and Bonnie Roesink, 14th Judicial Circuit district attorney, traded the case twice before James' decision.
In a motion to appoint a special prosecutor to the case, the Sadvars' attorney, Kristopher Hammond of Steamboat Springs, cited a state law that allows for disqualification of a prosecutor from a case if the attorney has a personal or financial interest in the case or would make a fair trial unlikely. Neither Fitch nor Roesink responded to Hammond's motion, Nancy Sadvar said. But two days after James' decision, the 14th Judicial District Attorney's Office filed a motion for reconsideration, which James rejected, she said.
During the telephone meeting, James rescheduled Austin's trial for Nov. 29.
James took over the case from District Court Judge Paul McLimans. Rich Sadvar described James as "ultrareasonable."
James could see how emotional Sadvar was, Nancy Sadvar said, and at one point James gave the boy a cookie.