EVANSTON — Former Evanston Housing Authority (EHA) director Gerry Bolger, along with EHA former employees Donna Evans and Dustin Robbins, appeared before Judge Kurt Haws of Sublette County in Circuit Court in Evanston on Friday, April 20. All three have been charged with felony theft in an investigation conducted by the U.S. Department of Housing and Urban Development. 

Leonard Cuomo of Sweetwater County represented Bolger. Evans’ counsel is Jim Phillips of Evanston, and Travis Bing of Sublette County represented Dustin Robbins. Since Uinta County Attorney Loretta Howieson’s ex-husband, Chris Gerrard, chairs the housing authority board, Washakie County Attorney John P. Worrall accepted the role of special prosecutor.

Judge Haws first asked all counsel if anyone had an objection to his serving on this case. No one objected. Judge Haws then spoke to the defendants, advising them of the legal rights guaranteed to them by the United States Constitution and by Wyoming’s Constitution as follows: the right to be advised of the charges, the right to representation by counsel, the right to remain silent, the right to enter a plea and the right to a speedy trial with a jury of their peers if they plead not guilty.

They then would have the right to confront and question any testimony and witness and to call their own witnesses. If they are found guilty they would have the right to an appeal with the Wyoming Supreme Court. If they don’t plead “not guilty” then they have the right to a speedy preliminary hearing on the felony charges. If the State shows probable cause at that hearing the case then gets bound over to Third District Court. 

In stating the charges, Haws asked counsel if it was acceptable if he went over the charges only once, as they are the same for each of the three accused. Counsel all concurred. The judge read the charges as follows:

Beginning on Jan. 1, 2012, until Dec. 31, 2015, the accused allegedly violated state law “to knowingly take property of another person,” in this case the Evanston Housing Authority. When a theft is more than $1,000 it is a felony. The punishment for felony theft is up to 10 years in prison, a fine of up to $10,000 — or both — and possible other fees including court costs and payment to a victim compensation fund.

The accused are charged with personal use of the Evanston Housing Authority’s U.S. Bank credit card, unauthorized use of EHA vehicles, gas cards and various violations of the EHA Policies and Procedures Manual.

Bolger, who worked for EHA for more than 24 years, was fired on March 1, 2016. Evans and Robbins were fired around that time, while the office was under audit by HUD’s Office of Inspector General. Six months later, in September 2016, the audit concluded that EHA misspent or could not account for $110,000. Between 2010 and 2015, according to the audit, at least $16,078 of HUD funds was misspent and another $94,685 was unaccounted for.

“The Authority used its purchase cards to pay for personal expenses, such as remodeling of staff members’ personal residences, gas for nonbusiness miles and other personal goods and services,” the audit states.

At Friday’s hearing, Haws discussed the matter of bond and release. All counsel advised that the three defendants had all come to court of their volition and with counsel, so a cash bond did not seem appropriate.

Cuomo suggested a $10,000 unsecured signature bond and Phillips concurred. Bing, Robbins’ attorney, asked that Robbins be given a signature bond of $6500, as he is the only one of the three who lives in Evanston now. He also has a full-time job, has two children and the amount is closer to what he is accused of stealing.

Haws denied that request, however, and required an unsecured signature bond of $10,000 for each defendant. He explained that a signature bond is a legal IOU and the release condition is that the defendants will show up in court when required and that no violation of any other law will take place, excluding minor traffic violations.

They must not take action to influence any witness or testimony of anyone involved. If a defendant does not show up for the preliminary hearing, which is scheduled for 10 a.m. Monday, May 11, an arrest warrant can be issued and the $10,000 is due. Defendants must also keep the court advised of any change of address or phone number.

In response to the matter of discussing the case with anyone giving testimony, prosecutor Worrall reminded the court that two of the accused are mother and son (Evans and Robbins) and they had probably already communicated on the matter. 

“Since a lot of time has gone by before this day in court, I have no concerns; what is, is,” Worrall said.  

The final matter for the judge was to set a date for a preliminary hearing. Phillips, Evans’ attorney, requested a waiver for the right to a speedy hearing as he had just been made aware of discovery evidence that he needed time to review. He and Cuomo, Bolger’s attorney, both agreed that the “handling of the EHA bookkeeping and business practices made this a complex matter.”

Bing, however, asked for a speedy hearing for Robbins. Judge Haws said he preferrs to have the hearing for all three on the same day but he agreed to discuss the timing with all counsel and set a date as soon as possible. All counsel present agreed to defer to the court’s decision.

By Monday, Haws had set the preliminary hearing date for May 11 in Circuit Court.