Felony attempted theft charges against two Silverton men accused of trying to steal a snowcat have been dropped for lack of evidence, the men were told by their lawyers.
San Juan County Court Judge Anthony Edwards confirmed he had signed an order to dismiss the case, however the order and preceding motion were not available to the public.
The previously scheduled jury trial of the men has been removed from the court docket.
Justin Swartz, 50, and Craig Miller, 43, were arrested in February after they moved the $140,000 vehicle down the driveway of a property located on County Road 110, about 4 miles north of town, on Jan 20.
The property is where the Aerie Lodge, co-owned by Nick Croce, is under construction. Swartz maintains he had written permission to use the vehicle because his construction company, where Miller works, was considering taking over the job.
After Croce, who was out of town, noticed the vehicle was missing using security camera footage, he contacted law enforcement. A friend of Croce’s located the vehicle parked lower down the driveway obscured by trees.
Croce suspected the men had hidden it from view with the intent of returning later and stealing the vehicle. Swartz and Miller maintain they parked the snowcat lower down so they could return to the property and drive it up, rather than trekking through deep snow.
Swartz previously said it was “absolutely absurd” to think that he would try to steal the bright red snowcat, which would entail transporting it through downtown Silverton.
In a written message to The Durango Herald, San Juan County Sheriff Bruce Conrad said the District Attorney’s Office concluded there was not sufficient evidence to show Swartz’s and Miller’s intent to “permanently deprive” Croce of the snowcat. Future charges may be possible, he said.
Swartz was, at the time, a candidate in the Silverton mayoral race. He came in third of three candidates, garnering five votes, or 1.6% of the ballots. He continues to allege that the charges and coverage in the Silverton Standard & Miner – which was based off the arrest affidavits written by the arresting officer – were intended to sway the election.
In the months since, Swartz said the loss of business that stemmed from the event meant he could not pay rent and got evicted.
Miller, the foreman at Swartz’s company, said the loss in income and slowing in business forced him to leave Silverton. He now lives in Dolores.
“I’m just glad it's over with,” Miller said.
rschafir@durangoherald.com
