By Andy Sevilla, printed on Feb. 26, 2014
An ex-Kyle firefighter who swindled the city’s fire department out of thousands of dollars was sentenced last week to four years probation, for his two felony convictions of theft and abuse of official capacity.
Richard Craig Kolls, 39, who once headed the Kyle Fire Department’s (KFD) training division, pleaded guilty to the charges Jan. 9, after first being arrested on the matter in March 2013.
The Texas Rangers began investigating Kolls for conducting firefighter and EMT trainings in Hays County and around the region under the auspices of KFD, but without the department’s knowledge. Furthermore, the former high-ranking firefighter would keep the trainings’ earnings and would not report them to the department, according to court documents.
Despite not knowing about the trainings, KFD was on the hook for up to $1 million in liability damages per signed contracts by Kolls and agencies he was providing trainings for, court documents state. The Texas Rangers investigation uncovered invoices for the trainings Kolls conducted, for which fees were collected and paid directly to him, documents state. Such work was never reported to the fire department.
Hays County Emergency Services District No. 5 (ESD 5) President Beth Smith, who also serves as the county’s Precinct 2 Justice of the Peace, tipped off the Texas Rangers about Kolls’ potential wrongdoings. Smith told the Hays Free Press last year that she is bound by oath to report any illegal activity once she became aware of it.
After the Texas Rangers’ investigation, Kolls was first arrested on March 26, 2013. A Hays County Grand Jury indicted him three months later on felony theft – consisting of more than $1,500, but less than $20,000 – and upgraded his abuse of official capacity charge to a state jail felony, up from a Class A Misdemeanor.
District Court Judge Bill Henry sentenced Kolls to four years probation on Feb. 20, plus $8,500 in restitution, a $1,250 fine, 180 hours of community service, a 12-week Commitment to Change Program and a written apology.
“I am pleased with the way the system handled Mr. Kolls case,” Smith said in an email after the sentencing. “Considering it was not a violent crime, I feel the probationary sentence was appropriate… and he is making restitution to the taxpayers for the misappropriation of funds.”
Before the sentencing hearing concluded, Kolls, through his defense attorney David Sergi, requested his convictions fall under deferred adjudication, which would clear his felony convictions if he followed the orders of the court. Henry declined.
“Sir, I think this is one of those situations where this can either be seen as a mistake you can get past, or not. I hope that it is the former,” Henry told Kolls.
Because Kolls felony convictions will stick, Smith said the state would likely pull his training certifications – responsibilities the state entrusted in him, but the court found he deceptively used.
“The ESD is extremely proud of the firefighters that pulled together to weather the storm that (Kolls) created and they are now in wonderful spirits, with great morale, can put this behind them and move forward with the respect they deserve for their professionalism,” she said.
Kolls worked at KFD from August 2008 until March 6, 2013, when he was reorganized out of the department as part of cost saving measures. Kolls also served as the assistant chief of the volunteer Chisholm Trail Fire Department and as the board president of that agency. Officials there said he was relieved of his duties after his March 2013 arrest.
The Chisholm Trail Fire Department, which is under the direction of Hays/Caldwell Emergency Services District No. 1 (ESD 1), also was victim to a high-ranking official abusing his official capacity.
Phillip Pete Ferraz, 59, who served as ESD 1 President before stepping down in 2010, was found guilty in September of abuse of official capacity and misapplication of fiduciary property.
Ferraz is in the midst of serving 30 days in jail for overpaying a construction company by more than $20,000 with ESD money for repairs to district property, and then having that company make improvements to his Kyle home, according to court documents.
Henry also heard the case and sentenced Ferraz to 10 years probation, $20,000 restitution to the ESD, $3,000 fine, 300 hours of community service and a month-long stint in jail, for his two third-degree felonies.
