By Andy Sevilla.
The criminal case against a former Kyle Fire Department (KFD) officer indicted on theft and abuse of official capacity charges was reset Tuesday morning, even after the defense announced its intent to move forward with a plea bargain.
Former Kyle Fire Department training division chief Richard Craig Kolls anxiously awaits discussions between his criminal defense attorney and Hays County prosecutors during his pre-trial motion in District Court.(Photo by Andy Sevilla) |
Richard Craig Kolls, KFD’s former training division chief who was indicted on both state jail felonies on June 19, will be rescheduled to present his case in District Court, though the exact date has not yet been published in the court’s online records.
David Sergi, Kolls’ criminal defense attorney, said the matter was reset because the prosecutor in the case, Ben Moore, was absent from court because his wife just had a baby.
Kolls was first arrested on March 26 on charges of abuse of official capacity and forgery of a financial instrument, according to Hays County Jail records. The charges followed a Texas Rangers’ investigation that found Kolls’ had allegedly conducted firefighting and EMT training courses under the auspices of KFD, but without the department’s knowledge, according to the suspect’s arrest warrants.
Despite not knowing about Kolls’ alleged trainings, KFD was legally bound for up to $1 million in liability damages per signed contracts in Hays County, Austin and around the region, the court documents state. The investigation also found that invoices for the work were in Kolls’ name and fees collected were paid directly to him and not reported to the fire department.
On June 19, a Hays County Grand Jury indicted Kolls on felony theft – consisting of more than $1,500, but less than $20,000 – and not on his original felony forgery of a financial instrument charge.
The grand jury also upgraded his original abuse of official capacity charge to state jail felony status, up from a Class A Misdemeanor, court documents show. The grand jury’s move also upgraded his bond for that charge from $1,500 to $10,000.
Due to the increased bond, an arrest warrant was issued for Kolls and he turned himself in to authorities during his arraignment hearing in the 22nd Judicial District Court on Aug. 27. Jail records show he was released that same day on a personal recognizance bond.
Kolls worked at KFD from August 2008 until March 6, 2013, when he was reorganized out of the department as part of a cost saving measure implemented by the Hays County Emergency Services District No. 5 (ESD #5) – which took over KFD operations in October 2012 and began work to alleviate the department’s budget constraints.
ESD #5 president Beth Smith said she supports whatever decision the court eventually hands down, but is seeking “definite restitution” to the fire department for the sake of ESD #5 taxpayers.
