District Court Judge Todd Plewe rejected a proposed plea deal Thursday for former Montezuma County Undersheriff Robin Cronk.

Plewe turned down the agreement late Thursday, Feb. 20, because a lack of any jail time was included in the agreement.

“Law enforcement has a higher degree of public trust,” Plewe said. “They serve in a position of trust to administer and enforce the laws. When they violate that responsibility and trust, then there has to be a greater consequence. That’s my problem with this plea.”

Plewe wants at least a 30-day jail sentence included in any plea agreement offered to Cronk.

Under the proposed agreement, he would have pleaded guilty to one felony charge of embezzlement and a lone misdemeanor charge of official misconduct. He would have also been ordered to pay restitution, forfeited property and been placed on unsupervised probation for six months.

“The conviction would ensure that Mr. Cronk could never serve in a future position of power again,” District Attorney Will Furse told Plewe. “The people believe this is an appropriate course of action.”

Plewe again reiterated that without any jail time, he would reject the deal.

“That’s my decision,” he said.

Montezuma County Sheriff Dennis Spruell sat on the back row of the near 60-minute proceeding. Outside of court, he said he wished the judge had required a longer jail term.

“Law enforcement should be held to a higher standard,” he said. “Mr. Cronk stomped on the public’s trust, but 30 days is better than nothing.”

Cronk’s alternate public defender, Katharine Whitney, said all the stolen items had been returned and argued the felony conviction would serve as a “strong sanction” against her client.

“This is going to change my client’s life,” she told Plewe.

Whitney said her client feared serving his sentence in isolation, and she requested a 15-day jail term. Again, Plewe rejected the request.

“Mr. Cronk doesn’t have to accept the agreement,” he said. “He can go to trial if he wants. It’s his choice.”

Cronk ultimately rejected the deal. He declined to comment after the proceeding.

Cronk, now a resident of Phoenix, was indicted by a Montezuma County grand jury on 17 felony counts of embezzlement and the misdemeanor count of official misconduct last August. The alleged public corruption charges stem from his abuse of Montezuma County Sheriff’s Office financial accounts over a 26-month span, starting in February 2011.

Records show Cronk bilked taxpayers out of nearly $7,500 for personal gunsmithing services, vehicle maintenance, holsters, generators, gun components, ammunition and firearms.

Tapped as undersheriff in January 2011, he was forced to resign the post in June 2013 because of the public corruption allegations. He is currently free on a $1,500 bond.

Prosecutor set in Cronk corruption case

District Attorney Will Furse received a green light last week to prosecute public corruption charges against a former local lawman.

Charged with 17 felony counts of embezzlement, ex-Montezuma County Undersheriff Robin Cronk sought to disqualify the area’s top prosecutor last Friday, citing Furse was a victim among alleged defrauded taxpayers.

“It’s a novel argument that is completely without merit,” said District Court Judge Todd Plewe in denying the motion.

Public defender Katharine Whitney also argued to place a gag order on the Montezuma County Sheriff’s Office. She cited dozens of local media reports and public comments from Sheriff Dennis Spruell she said have all been detrimental to her client.

In open court, Plewe reviewed newly submitted defense exhibits for nearly 10 minutes, before siding with First Amendment rights.

“A high publicity case will have press coverage,” he said. “There’s no showing of any evidence, at this time, that’s affecting the defendant’s right to a fair trial.”

News coverage was also the basis for a defense request to change the venue of the upcoming jury trial. Whitney said “extensive and pervasive publicity” from both the Cortez Journal and The Free Press has already swayed potential jurors.

“The pretrial press has been prejudicial to Mr. Cronk,” she said.

“I’m not buying the argument,” Plewe replied.

In rebuttal, Furse said defense “fears and speculation” were mere “lip service.

“There’s no evidence the media coverage has impacted the jury pool,” he countered.

Plewe agreed, adding the criminal justice system needed informed jurors. He said potential jurors could be questioned before the April 21st trial date as to any outside influence or bias in the case.

Friday’s 80-minute proceeding ended with Plewe scheduling an evidentiary hearing on March 20. At that hearing, Whitney indicated she intends to challenge the search warrant of her client’s residence as well as statements he made to state investigators.