Robert Mark Smith, who this month won a lucrative excessive force lawsuit against the town of Kremmling and the Kremmling Police Department, is set to return to the courtroom, this time as a defendant.

Smith, 69, faces a Class-5 felony menacing charge for an alleged altercation with one of his tenants in July 2016, according Grand County District Court records. Smith owns a mobile home park in Kremmling.

The Kremmling Police Department responded to a call July 22, 2016 regarding a landlord tenant dispute during which Smith was alleged to have threatened one of his tenants with a two-by-two piece of wood with nails sticking out of it, as well as having threatened to shoot him, according to court records.

Kremmling Officer Charles Jones arrived at the scene where he was flagged down by three men standing by one of the trailers, who gave their account of the events, according to an affidavit in support of an arrest warrant filed with the court.

The affidavit states that Smith called the man, upset about a car parked outside of the man’s trailer, and asked him to move it. There was also a dispute about Smith refusing to turn on the water in his trailer, according to the alleged victim. The man also indicated that Smith was upset that he was running an extension cord from his trailer to a nearby power outlet to run his refrigerator.

The tenant told police that Smith began knocking on his door, and was visibly agitated when he answered. He told police that after a brief verbal altercation, Smith picked up the piece of wood and began to threaten him, according to the affidavit. The tenant alleged Smith said he would kill him, and again threatened to shoot him as he drove away.

There was no physical altercation during the incident.

The investigation was turned over to Doug Winters, an investigator from the 14th Judicial District Attorney’s Office, to avoid a potential conflict of interest with the Kremmling Police Department as Smith has filed a lawsuit against the department and the town, which he won earlier this month and was awarded by a jury over $700,000 in damages.

Winters spoke to Smith on the phone after the incident last year and said Smith denied that there was any incident, that he had never threatened his tenant. Winter said Smith told him “lies were being spread,” and requested an attorney, according to court documents.

A jury trial in the case is set to begin Oct. 31 at the Grand County District Courthouse in Hot Sulphur Springs.