By Electa Draper
Denver Post
September 22, 2010
http://www.denverpost.com/news/ci_16128975?source=rss
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| The Rev. Don Armstrong had faced 20 counts of felony theft. |
The Rev. Don Armstrong, who founded St. George's Anglican Church after he and his congregation lost the battle for the Grace Church building in Colorado Springs, called the disposition Friday of his criminal theft case "divine intervention."
Pueblo District Attorney Bill Thiebaut, whose office provided a special prosecutor, called the disposition "just." And the Episcopal Diocese of Colorado, which last year took back Grace Church in civil court from Armstrong after he became an Anglican priest, said the end of the criminal case would bring "healing to all those harmed by Armstrong's actions."
Yet reports and interpretation of the plea deal have created confusion.
Since 2009 Armstrong had faced 20 counts of felony theft, totaling $392,000, allegedly taken from his own Grace Church and St. Stephen's Parish.
The diocese accused him of criminal conduct, but most St. Stephen's parishioners supported Armstrong's denials of wrongdoing. Most also joined him in breaking away from the Episcopal Church in May 2007 to join theologically conservative Anglicans opposed to the ordination of openly gay or lesbian priests and same-sex marriage.
Armstrong, 61, and his attorney, Dennis Hartley, have said in statements and interviews recently that the charges were reduced to one "fictitious" count of misdemeanor theft. They called it close to a dismissal.
"It is still his contention he did nothing wrong," Hartley said Monday.
Armstrong and Grace Church issued a statement Saturday to VirtueOnline, self-described as "The Voice for Global Orthodox Anglicanism," saying the agreement vindicated Armstrong and demonstrated that "the courts are not the place to deal with theological differences."
Armstrong posted a follow-up entry: "Bottom line here is that they started with 20 felony counts and we walked out of the courtroom with a misdemeanor."
However, Thiebaut said it was "a fairly complicated plea agreement" with more to it than a single misdemeanor count.
According to the plea agreement, obtained by The Denver Post, Armstrong pleaded "no contest" to one class-three felony, the theft of $15,000 or more. The other 19 charges were dismissed.
The sentence for this count will be deferred for a period of four years. If he complies with terms set by the judge, no conviction will be entered.
Armstrong also entered an Alford plea, which means pleading guilty with a protestation of innocence, to a single misdemeanor charge. The agreement states there is no factual basis to the misdemeanor charge, but the defendant pleads to it to obtain the benefit of the plea agreement.
The judge will consider ordering Armstrong to pay restitution at an upcoming hearing, but no amount or date has been set.
With the misdemeanor conviction, the judge also could fine Armstrong up to $5,000 or sentence him to up to 18 months in jail, Thiebaut said.
Electa Draper: 303-954-1276 or edraper@denverpost.com
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