Click here for a copy of the Charles Toups deferred prosecution agreement

January 14, 2010

CHARLES H. TOUPS, JR. ADMITS TO FORCIBLY RESISTING A FOREST SERVICE OFFICER – RECEIVES DEFERRED PROSECUTION

DENVER – Charles H. Toups, Jr., age 63, has accepted an agreement with prosecutors where he admits to forcibly resisting a Forest Service Officer.  As part of the agreement, the government will defer prosecution.  The agreement was entered into yesterday.  As a result of the agreement, the charges against Toups will be dismissed, and he will be released from custody.  The prosecution of Charles Toups shall be deferred for a period of 24 months from the date of dismissal without prejudice, subject to the terms and conditions of the agreement.  Dismissal without prejudice means charges can be re-filed if warranted.

As part of the agreement, Toups shall:

1.         Be banned from all National Forest Service, National Park Service, and Bureau of Land Management property, except as a paying customer during regular business hours.  He must obey all Forest Service and ski area rules and regulations, and may not camp overnight in or near such areas except as a paying customer in a designated overnight campsite.

2.         Not commit any federal, state, or municipal offenses (except traffic infractions).

Toups admits that on November 14, 2009, upon lands administered by the National Forest Service, namely the White River National Forest, he did forcibly resist, oppose, impede and interfere with an officer and employee of the U.S. Forest Service, while said employee was engaged in the performance of her official duties.

The defendant understands that if he violates any of the terms of this agreement the government may, at its discretion, prosecute the defendant for any and/or all of the charges previously filed.

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