More on the Don Armstrong (felony thief, for now) case

After a few days, a few more stories in the news illuminating how the  Don Armstrong case went from 20-odd felony theft indictments by the grand jury to “no contest” on one felony theft and one misdemeanor theft case.

First off, the Colorado Springs Gazette:

As part of the agreement, Armstrong admitted guilt to a new charge, misdemeanor theft, said Pueblo District Attorney Bill Thiebaut. A sentencing hearing on this charge will happen before the end of the year.

Armstrong’s sentence could include a fine of up to $5,000 and up to 18 months in the El Paso County Jail. Misdemeanor charges are brought for thefts between $500 and $1,000.

On the felony count, Armstrong has been placed on four-year’s probation. If violated, he will be a convicted felon and could face four to 12 years in prison, Thiebaut said. A restitution hearing will be held, probably in January, to determine how much money Armstrong must pay back to Grace Church.

The bottom line seems to be that the cases looked decently strong, but the statute of limitations ran out on most of the charges.

The biggest factor, [Armstrong lawyer] Hartley said, was that 19 of the 20 counts might be dismissed due to the statute of limitations, which is three years in a Colorado criminal case.

But apparently the timing and strength of the remaining case was enough to get everyone to the table for the plea bargain.

The Denver Post offers a few more details from the DA:

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 Post Monday, 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. The El Paso County Probation Department will supervise Armstrong during this period. If he complies with terms set by the judge, no conviction will be entered. If the judge revokes the deferred sentence, the conviction is entered and the court could imprison him.

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.

So, net-net, one could consider it a victory for Armstrong, who ran out the clock on most of the charges, and whose single felony conviction will be laid aside in four years if he keeps his nose clean.

On the other hand, truth and the law aren’t always on the same page, and it’s pretty clear that the theft charges had significant substance. That his die-hard supporters consider this a vindication of his innocence demonstrates their devotion to Armstrong and his ability to somehow turn the case into a referendum on gay rights in the Episcopal Church.

It will be interesting to see how the whole “restitution” thing goes.