Robert Mark Smith, who was planning Hawaiian vacation for this week, is held on $50K cash bond after Thursday arrest |

Robert Mark Smith, who was planning Hawaiian vacation for this week, is held on $50K cash bond after Thursday arrest

Police ready to search Robert Mark Smith's home in Kremmling in early October 2018.
Emma Trainor / Sky-Hi News

Had authorities waited just one more day to arrest him, Robert Mark Smith of Kremmling would have been on his way to a sunny Hawaiian vacation.

Though, leaving the state would have likely counted as yet another violation of his probation.

Smith, 70, is now being held in the Grand County Jail on a $50,000 cash bond, which jail officials said had not been posted by 4 p.m. Friday.

Smith appeared before Judge Mary Hoak on Friday afternoon following his arrest Thursday morning after his probation officer said he had violated probation.

In a court complaint for arrest, Grand County Probation Officer Karla Silvernale stated that Smith had violated the terms of his 15-month probation, which began Oct. 31, 2017. In the complaint, Silvernale explained that an inspection by the U.S. Postal Service on Oct. 2 led to the discovery of 11 packages addressed to the Kremmling resident. One of the packages had broken open during shipping and revealed ammunition, according to the document. Further inspection revealed about 2,000 rounds of ammo, a sword, pocket knives and various other items, according to the document.

Smith’s probation terms specifically stated that he was not to possess or have access to firearms, explosives or destructive devices or any other dangerous instrument or weapon.

Silvernale noted that Smith had failed to relinquish his firearms, in addition to purchasing the ammo, and that he would display “erratic behavior” during probation appointments.

No further charges have been filed at this time, according to Grand County District Court. Smith is scheduled to next appear before Judge Nicholas Catanzarite at 1 p.m. Oct. 9. He is currently being represented by Kiyomi Bolick, a public defender.

Smith’s probation would have been up in January 2019.

Smith made headlines last year after he successfully sued the Kremmling Police Department following a violation of his civil rights when police used excessive force against him in 2015, for which he was awarded a judgment totaling nearly $800,000.

A code red alert from the county was sent out to Kremmling residents early this morning, which gave brief details on the increased police presence in the town but assured there was no public threat.

Police subsequently obtained a warrant to search Smith’s home, located on the corner of Park Avenue and 11th Street. The county’s emergency response team, in addition to the Kremmling Police Department and Grand County Sheriff’s Office, arrived at the scene and staged near Smith’s home.

Smith returned to court in Grand County in October 2017 on a Class-5 charge of felony menacing for an alleged altercation with one of his tenants in July 2016, according Grand County District Court records.

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.

Smith submitted an Alford plea in the case, pleading no contest to a lesser charge of third-degree assault. Smith had a 15-month deferred judgment, during which time he was to complete 100 hours of community service, along with a mental health evaluation and anger management.

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