Court rules against Kremmling’s Robert Mark Smith in probation violation case |

Court rules against Kremmling’s Robert Mark Smith in probation violation case

Local law enforcement officers prepare to search the home of Robert Mark Smith in early October after Smith was arrested on charges of probation violation.
File photo / Emma Trainor

Kremmling resident Robert Mark Smith’s legal concerns deepened Wednesday afternoon after Grand County Court Judge Nicholas Catanzarite ruled that Smith had violated the terms of his probation earlier this year.

Catanzarite’s ruling came after nearly three hours of court proceedings Nov. 14, during which time three individuals gave testimony before the court.

Smith was found to have violated his probation and the terms and conditions of a deferred judgment in a 2016 misdemeanor assault case to which he pleaded no contest. The court found Smith violated conditions of his probation that prohibited him from possessing, or having access to, firearms, explosive or destructive devices, dangerous instruments or weapons.

Grand County Sheriff’s Office investigator Walter Mahone testified that 1,752 rounds of ammunition, for seven different types of firearms, were discovered in Smith’s Kremmling residence in early October when law enforcement officials conducted a search of the premises.

Catanzarite ruled that Smith’s possession of the ammunition was a violation of the terms of his probation.

Smith, who appeared in custody Wednesday alongside his legal counsel, was remanded back to the Grand County Jail after the proceedings. His bond was also increased from a $50,000 cash-only bond to a $75,000 cash-only bond with the court citing public safety concerns.

“A combination of erratic behavior, testified to regarding Mr. Smith, with firearms and ammunition gives this court serious concerns about risks posed to community safety,” Catanzarite said when explaining his decision to increase Smith’s bond. “I think that is entirely justified.”

Smith now awaits a sentencing hearing following Wednesday’s ruling, set for 1:30 p.m. Dec. 5.

Wednesday afternoon’s hearing came roughly a month-and-a-half after Smith was arrested in Kremmling and charged with probation violation, which occurred on Oct. 4. He has remained in custody in the Grand County Jail since that time.

Smith made headlines last year after he successfully sued the Kremmling Police Department for a violation of his civil rights when police used excessive force against him in 2015.

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