CANYON CITY – Roy Richard Peterson, once the central figure in a drive to bring rural fire protection to the Monument area, has been indicted on 10 felony charges stemming from the acquisition of equipment for a fire district.

His made his first appearance last Thursday in Grant County Circuit Court before Judge William D. Cramer Jr.

However, the arraignment was nearly derailed by a missing signature.

At the start, the state’s attorney, Senior Assistant Attorney General Daniel P. Wendel, informed the court he had neglected to sign the secret indictment issued by the grand jury. He asked to sign it then, in the courtroom.

Cramer turned to the defense attorney, D. Zachary Hostetter of Enterprise, to see if he and his client would agree to that.

“We do not,” Hostetter responded. He noted he had filed a demurrer – a filing that challenges the case – that same day.

The filing makes nine objections to claims in the indictment, citing insufficient facts for the allegations, the lack of the signature, and a conflict on the year of filing date.

The parties differed on the legality of correcting apparent clerical errors without returning to the grand jury.

Hostetter said while case law supports revision for form, it has only allowed striking material from filings, not adding it.

Wendel argued the law requires him to sign the indictment, but doesn’t specify the timing. He also said the statute of limitations is running out on one count in the indictment, making it important to take action.

Cramer cautioned that the situation could set up an issue for the appellate court. However, he decided to proceed with the arraignment.

The indictment includes two counts of aggravated first-degree theft – one alleging theft of cash with a total value of $10,000 or more, and the other alleging theft of vehicles and property with a value of $50,000 or more.

The indictment also lists one count of first-degree theft, one count of unauthorized use of a vehicle, one count of possession of a stolen motor vehicle, and five counts of making a false statement in a title application.

Wendel asked the court to set bail at $20,000 and order Peterson to have no contact with former board members of the Monument Rural Fire Protection District. The state contends Peterson was heard saying if he had to go to jail in the case, he would shoot three of the men.

Hostetter rebutted the threat allegation, challenging the state’s reference to an unnamed witness and the claim of Peterson’s supposed prowess with a .50 caliber.

“Mr. Peterson has never owned a .50 caliber,” Hostetter said.

Cramer opted to release Peterson on a standard conditional release, along with a no-contact order for the board members and witnesses, calling that “typical” in such cases.

Cramer scheduled a session Thursday, Feb. 19, to hear arguments on the demurrer.

The case stems from an investigation by the Oregon State Police and Oregon Department of Justice that began in May 2013.

Police served a search warrant in October 2013 at property in the Monument area and seized fire vehicles and evidence for the case, but released no other information prior to the indictment.

For about a decade, Peterson was a vocal advocate for establishing a rural fire protection district in the Monument area. He was chief of Monument’s city department for a time, and also acted as chief of a rural district that was yet to be formalized.

After the district was formed by voters in 2012, the newly installed board and Peterson differed on its management and operation. Noting challenges over meeting procedures, operations, equipment, and leadership, the directors resigned en masse in December 2012.

With the county’s help, the board was re-established. In 2013, Peterson filed notice that he intended to sue the board and its appointed chief, contending the directors conducted a campaign of retaliation against him because of the fire equipment he had obtained over the years.

Last October, the board resigned and asked the County Court to dissolve the district, a process that’s under way now. Their reasons included a lack of volunteers as well the status of fire equipment that was sidelined at Oregon Department of Forestry lot in John Day because of the investigation.