Agreement reached in Eller case

District Attorney's Office, former marshal defer prosecution

— Russell "Wayne" Eller, the former Dinosaur town marshal who was charged with lying about his professional background, agreed to a deal Tuesday that bans him from seeking law enforcement employment for a year without conceding guilt.

Eller, a Steamboat Springs resident, was charged with three counts of attempting to influence a public servant, a felony. He was scheduled to be arraigned Tuesday.

Bonnie Roesink, 14th Judicial District Attorney, Eller and his attorney, Charles Feldmann of Steamboat Springs, signed a deferred prosecution agreement that stipulates "upon successful completion of the specified time period and all of the terms contained in this agreement, the people agree to not prosecute the defendant in regards to this matter."

Eller worked as Dinosaur's town marshal from March to June 2006. The criminal charges stemmed from Eller allegedly falsifying his application and resume, and misleading the Dinosaur town council.

The deferred prosecution agreement lists nine provisions Eller must comply with for 18 months.

The provisions prevent Eller from committing any criminal offenses "in this or any other jurisdiction" other than minor traffic offenses, and seeking employment as a peace officer or any law enforcement capacity for 12 months.

It also states that, should Eller apply for law enforcement positions following the 12-month period, he must notify the District Attorney's Office of "any and all interviews, applications sent or received by any law enforcement agency in the entire state of Colorado." Prosecutors would then provide a copy of its investigation into Eller to the law enforcement agencies without his protest, according to the agreement.

Dinosaur town mayor Freda Powell said the town supports the District Attorney's decision regarding the Eller prosecution.

"Whatever the District Attorney came up with, the town is in agreement with," Powell said Thursday.

The agreement also indicates the District Attorney's Office will provide a copy of its investigation to Peace Officer Standards and Training without Eller's protest, and he will allow his POST certification to expire in June 2009 if he has not received a law enforcement position.

He would have to apply for recertification if his POST certification expires, according to the agreement. POST certification is necessary to work as a law enforcement officer in Colorado.

The District Attorney's probe into Eller found alleged discrepancies between what the former marshal reported on his resume, his service with Dinosaur and educational background.

Feldmann could not be reached for comment Thursday.

If any of the conditions contained in the deferred prosecution agreement are not met, prosecutors could reinstate the original charges.

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