Special prosecution motion denied in Eller case | CraigDailyPress.com

Special prosecution motion denied in Eller case

Jerry Raehal

— A motion for special prosecution in the case against former Dinosaur town marshal Russell “Wayne” Eller was denied Wednesday in 14th Judicial District Court by Moffat County Court Judge Sandra Gardner.

Eller, 56, of Steamboat Springs, is charged with three counts of attempting to influence a public servant, a class 4 felony. The charges stem from Eller allegedly falsifying his resume and misleading the Dinosaur town council in an attempt to sway votes for personal gain, according to the arrest warrant.

The denied motion, filed by Eller’s attorney, Charles Feldmann, of Steamboat Springs, was meant to disqualify the District Attorney’s office from prosecuting the case and proposed the appointment of a special prosecutor.

Judge Gardner’s decision was made without oral hearing. In a minute order issued by Gardner, she wrote, “The court finds that the defendant has failed to plead facts sufficient to meet the statutory grounds for disqualification.”

The case is now set for 1 p.m. Sept. 12 in district court.

When Feldmann filed the motion for special prosecution, he wrote that the District Attorney’s office is “striking a foul (and inconsistent) blow against the defendant and his family.” He also listed several other arguments against the District Attorney’s office, alleging inconsistent handling of the case.

Eller was Dinosaur’s town marshal from March to June 2006, when town officials fired him. He was arrested and charged following the conclusion of an investigation.

A 30-page arrest warrant detailed several areas of contention between what Eller reported on his resume and what District Attorney’s office investigator Joe DeAngelo found during a probe into the ex-marshal’s background.

Jerry Raehal can be reached at 824-7031, ext. 204, or jraehal@craigdailypress.com

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