Delta County Independent, Sept. 21, 2011

Page 1

NORTH FORK TIMES

SURFACE CREEK NEWS

CELEBRATE THE HARVEST Paonia hosts festival, B4-8

SPORTS

TEEING UP A NEW NAME

DRY SPELL ENDS

DeerCreek is now known as the Cedaredge Golf Club, C1

Hotchkiss volleyball team picks up its first win of the season, 3B

DELTA COUNTY

SEPTEMBER 21, 2011 VOL. 128, NO. 38

75¢

INDEPENDENT

www.deltacountyindependent.com

$10,000 donations stun recipients BY PAT SUNDERLAND Managing Editor

Sandy Dombroski and Cheryl Oeltjenbruns exchanged looks of disbelief last week as their two organizations, the Delta Food Pantry and Abraham Connection, were each presented with $10,000 checks. The gifts came from a group of sports car enthusiasts taking part in the Peak to Peaks Rallye. “I was completey overwhelmed,” said Oeltjenbruns, who serves on the board of Abraham Connection Homeless Shelter. “The donation was very generous, and certainly makes the next year much easier in terms of providing services.” The homeless shelter begins its second year of operation on Nov. 1. Because men, women and families are housed in space donated by the Delta United Methodist Church, and staffing is handled entirely by board members and volunteers, operational costs are

minimal, Oeltjenbruns said. She anticipates that when the board meets, the $10,000 will be set aside as seed money for a building fund. “Our ultimate goal is to have a permanent space,” she said. Both Oeltjenbruns and Dombroski had been interviewed by rally organizers prior to the check presentation on Wednesday, Sept. 14. When the group stopped in Delta for lunch, Oeltjenbruns and Dombroski were invited to join them. “I just had no idea that they would be that generous,” Dombroski said. “I was just amazed.” She said the donation will be put to good use, providing food to those in need. The food pantry provides assistance once every two months to any Delta County resident who expresses a need. “This year we have averaged about 450 people a month,” Dombroski said. “The numbers are really up.”

The Peak to Peak Rallye is organized by the Mathews family. Harry Mathews, his son Greg and son-in-law Mark Burgard have put together an electic collection of some of the finest cars in the world in the Front Range suburb of Arvada. Every fall, they enjoy touring the beautiful state of Colorado with other sports car enthusiasts. This year’s group included 27 drivers from Colorado, California and Arizona. In addition to enjoying the cars, the camaraderie, the scenery and the food along their route, they also like to make an impact on the communities they visit. “A lot of time is put into the selection of our charity recipients and it has paid off not only for the organizations that have been chosen, it has paid off equally in the satisfaction we all receive knowing we’ve made a significant impact on many lives that are in need,” Mathews noted on his website. “Far too many people

Medical marijuana grow operations BY PAT SUNDERLAND AND KATHY BROWNING Staff Writers

A tip about a large marijuana cultivation posing as a medical marijuana operation led to the execution of a search warrant in the North Fork Valley last week. The search warrant was obtained by the 7th Judicial District Drug Task Force and executed Sept. 7 at the home of Steve Wolcott, 38274 Stucker Mesa Road. Delta County Sheriff Fred McKee reports that although Wolcott believed he was in compliance with the provisions of Amendment 20, he actually had what the sheriff believed to be an excessive number of live plants, as well as an excessive amount of dried material. Some of the dried material was seized, but the live plants were left as found because of the concern Wolcott was operating in a “grey area.” No arrests were made. “It’s a tough case,” McKee said. “We’re still gathering evidence, and will turn over our findings to the district attorney.” Colleen Scissors, a Grand Junction attorney representing Wolcott, said she has already been in contact with the district attorney’s office and CBI agent Jim Fuller. Wolcott has allowed other caregivers to cultivate marijuana plants on his property. That’s one of the “grey areas” McKee was referring to. “The advice he [Wolcott] got from an attorney in Durango was that other people could use his soil to grow on as long as they were licensed as

well,” Scissors said. “If you got a medical marijuana license and you lived in an apartment and didn’t have any place to grow your plants, you have to call somebody else like Mr. Wolcott and say, ‘Can I grow my plant with my license on your property?”’ Scissors explained. Wolcott did not have any forewarning that the sheriff believed something was wrong with his medical marijuana growing operation. “Nobody came out and said, ‘We don’t think this is legal. Do something about it.’ They just came out with a warrant,” Scissors said. She echoed McKee’s statement that no plants were seized “They honored that portion of the medical marijuana growing law.” Scissors said there is certainly the potential for criminal charges, but she’s hoping for a “happy ending.” With the closure of the last remaining medical marijuana dispensary in the county on Sept. 1, law enforcement officials may find themselves faced with more growing operations. McKee said several sites were located during a recent aerial search. No plants were pulled. Instead, McKee said his deputies will start knocking on doors, looking for compliance with the medical marijuana growing provisions. “We’re not out to harass them,” he said. “We recognize they have a constitutional right to grow medical marijuana, but I believe the residents of Delta County have made a clear statement. They

have to deal with uncertainties of life that we may tend to take for granted, like food, shelter, work and education. Normally just one charity recipient is selected by the Mathews. But after Dombroski and Oeltjenbruns both eloquently expressed their non-profits’ “significant needs,” Harry Mathews said they couldn’t turn either one

down. After lunch at the Deitch Haus on Wednesday, the drivers departed for Glenwood Springs, taking the Grand Mesa Scenic Byway over Highway 65 to reach that day’s destination. They left behind two women still searching for words to express their gratitude for the combined gift of $20,000.

Photo by Pat Sunderland

don’t want anything above and beyond what’s allowed by state statute. So when we receive a tip, we’re going to conduct an investigation.”

Sandy Dombroski and Cheryl Oeltjenbruns stand in front of two of the 27 sports cars being driven in the Peak to Peaks Rallye. Event organizers pride themselves on making a positive impact on the communities they visit. This year, both Delta Food Pantry and Abraham Connection Homeless Shelter were awarded $10,000.

Nelson begins 90-day jail sentence next week BY PAT SUNDERLAND Managing Editor

While deputy district attorney Wiley Christopher urged “fair and consistent” sentencing for all sex offenders, including Roy Nelson, Judge Mary Deganhart found several mitigating factors which worked in his favor during a sentencing hearing Sept. 20. Nelson, the former mayor of Delta, pleaded guilty in August to a felony count of criminal attempt to commit sexual assault on a child age 15-18 by one in a position of trust. The plea agreement called for a four-year deferred judgment on that count. On a second charge of unlawful sexual contact, Judge Deganhart followed the probation department’s recommendation for 90 days in jail. Work release will be granted, with extended hours so Nelson can help out on the family farm. Prior to the judge’s decision, deputy district attorney Wiley Christopher pointed out two sentences for similar offenses handed down by Judge Charles Greenacre. In both cases, he said, the defendants were sentenced to

a year in jail. Christopher said he did not wish to diminish the testimony of Nelson’s three character witnesses, but said Nelson’s purported “good character” is beside the point. What the court should focus on, he said, is the fair and consistent treatment of people who engage in criminal conduct. He then referred specifically to the Bigham and Gates cases. Defense attorney Dan Shaffer said those two cases were similar only in the nature of the conduct alleged. “Those offenses would be continuing today if not interrupted by law enforcement and that is not the case today,” he argued. He said Nelson’s actions occurred several years ago and were stopped “of his own volition.” In addition to calling the three character witnesses, Shaffer presented the judge with a packet of about 18 letters attesting to Nelson’s honesty and integrity. One of the character witnesses was Sean Wells, who said he has known Nelson for more than 30 years. “When he tells me this will never happen again, I would stake my

life on it,” he said. Shaffer said he does not believe that one “horrible lapse in judgment” can erase a history of honesty and integrity. “I have never, ever had a client in this situation do as much as Mr. Nelson has” to accept responsibility for his actions and take steps to repair the damage he has done, Shaffer said. He added that jail is not appropriate because a sentence would interrupt ongoing treatment. He also stressed the importance of Nelson’s continued contact with his family, even though that contact is limited and must be supervised. “What I did was horrific,” Nelson told the judge. He said he is learning to manage himself “in a healthier way,” and will do whatever it takes to assure that behavior does not ever occur again. The judge gave Nelson a week to get his affairs in order. He will report for work release on Tuesday, Sept. 27. He was also ordered to continue intensive sexual offender treatment and to register as a sex offender.

INDEX

Dog owners to meet

Tips sought

Amnesty offered

Accent ........................... A4 Activities ......................A11 Agriculture .................... A7 Church ........................... A6 Classifieds .................. D1-2 Editorial ......................... A2 Health & Fitness ...... A9-10 Legals ......................... D2-8 Mtn. Harvest Fest .... B5-8 North Fork Times ........B1-3 Obituaries ..................... A8 School Zone .................. A2 Service Directory ...... D11 Sports ..........................C5-8 Surface Creek News ...C1-3 TV Listings ............... D9-10

A meeting concerning a proposal for an off leash dog park in the City of Delta will be held Wednesday, Sept. 21, at 7 p.m., at the city parks shop at 330 Gunnison River Drive. Continued discussion will be held on the dog park, which is proposed for an unutilized area in Confluence Park. Parks director Paul Suppes hopes to begin the project this fall. Members of the community have offered to donate materials and labor, as well as establish rules and activities for the facility.

The Delta County Sheriff’s Office is investigating the theft of a large MQ power generator and trailer. This theft took place around 1 a.m. Sept. 9 at the Hawkins residence on Peach Valley Road east of Delta. The stolen diesel generator is white in color with a Wagner Cat Rental sticker. It is mounted on a black two-wheel trailer bearing Colorado license plate 152 RBO and is valued around $8,000. Anyone with information about this crime is asked to call Crimestoppers at 874-8810. You may be rewarded up to $1,000 and your anonymity is guaranteed.

Delinquent taxpayers have a 45-day period from Oct. 1 to Nov. 15 to pay the State of Colorado what they owe at half the interest rate and without penalty or criminal prosecution. This limited-time opportunity is available to individuals and businesses who still owe money on taxes due on or before Dec. 31, 2010. This is a rare opportunity. The state last offered amnesty in 2003. This time, the Colorado Department of Revenue anticipates the amnesty program will bring in $10 to $12 million. Learn more at www.coloradotaxamnesty.com.


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