Superior developer found not guilty in assault case

Nick Ianniello

Mineral Independent

A Superior developer was found innocent in a trial stemming from an incident at a meeting of the Mineral County Commissioners last summer that resulted in misdemeanor assault charges.

The charges that were filed against developer Ollie St. Clair rose from an alleged assault that Mineral County Planner Tim Read claimed took place in the hallway outside the Mineral County Commissioners Meeting Room in the Mineral County Courthouse on the afternoon of July 23, 2008.

On the day in question the final meeting of a series in which a group of Mineral County developers accused Read of using “obstructionist tactics” to prevent sub development in Mineral County was taking place.

The meeting, which was the fourth in a series of meetings, was intended as a final airing or complaints against Read and the planning office as well as the announcement of the Mineral County Commissioner’s decision on how to deal with the allegations.

At the meeting the commissioners announced that they would be implementing a documentation process that would allow Read and developers to document the events that take place at their meetings, as well as hiring an outside consultant to help with planning concerns in Mineral County.

St. Clair, along with several other developers at the meeting said that they felt the decision was not near strict enough and wanted Read disciplined for what they alleged he had done to them.

St. Clair, who said he felt the commissioner’s decision amounted to the board taking Read’s word over his comments became so livid that he stood up out of his chair that Read apologize to him.

When Read attempted to leave the meeting St. Clair crossed the room and blocked his path, demanding that he apologize for “calling him a liar.”

Read said nothing but after a few moments of trying to get past St. Clair he ducked out the door of the room with St. Clair following him.

At the trial Read testified that St. Clair followed him down the hall shouting “I’m going to get you.”

He said that when St. Clair reached him he crossed his arms and pushed him up against the wall, a statement which St. Clair later denied in his testimony.

Read also said that he saw Glen Ferren, who was at the meeting, follow them out into the hall. Ferren later turned in a statement saying that he did not see St. Clair pushing Read.

St. Clair’s lawyer, Richard Bullie, largely based his defense on the inconsistencies between Read and Mineral County Sheriff Hugh Hopwood’s testimony’s.

When Hopwood took the stand he testified that Read had told him St. Clair had used both his hands, not crossed arms, to shove him against the wall when he gave his statement.

Based on that and other inconsistencies, including the exact word St. Clair used when following Read down the hall, Bullie insisted that St. Clair could not be proven guilty “beyond a reasonable doubt.”

During the trial St. Clair stole confident glances at his business partner, Mike Galloway who openly chuckled during parts of Read’s testimony.

Superior Town Attorney Tom Orr said that with the inconsistencies aside, there was still enough evidence to convict St. Clair.

After a little more than an hour of deliberation, the jury presented their not guilty verdict. St. Clair was openly relieved and a supporter in the courtroom clapped loudly, a sentiment that was quickly quieted by the words of Mineral County Justice of the Peace Wanda James, when the verdict was read.

“You’re always nervous when you put your reputation on the line,” St. Clair said after the trail.

Charges in the case were filed by the town of Superior. Read did not push for them to be filed.