Editor's note: The subject matter of this story is sensitive and might be disturbing for some readers. Read at your discretion.
A Douglas man facing up to 791 years in prison on 72 felony charges alleging sexual abuse of minors, including possessing and making child pornography, was released on his own recognizance by a Colorado court Thursday after he was arrested on a fugitive warrant out of Wyoming.
John Charles Smallbone, 38, appeared in Larimer County Court in Fort Collins before Magistrate Heather Siegel after he was arrested on the outstanding Converse County warrant the previous day, according to the court and the Larimer County Sheriff’s Office.
Instead of being held for transport on the Wyoming fugitive warrant, Smallbone walked out of jail on a $50,000 personal recognizance bond.
He couldn’t be held because the extradition paperwork, which was sent to the Colorado court by 9:30 a.m. Thursday, apparently wasn’t filed with the court before Smallbone’s hearing.
Now, instead of having a man accused of committing dozens of illegal sex acts with kids in custody, “We’re out looking for him again,” said Converse County Undersheriff Chris Walsh. “And we’re going to find him again. The freedom clock on him is running out.”
Walsh said whatever snafu unfolded to allow a wanted man to be released didn’t happen on Converse County’s end of the transaction. He was just as surprised as everyone to learn Smallbone was released.
“We’d been working with investigators there in Larimer County; we provided them with all of our warrant information, all our affidavits,” Walsh told Cowboy State Daily on Friday.
“Whatever happened, he ended up getting released,” he said, adding that the sheriff’s office in Colorado gave his agency “great cooperation” and any mix-up likely happened at the court level.
“I feel like we did everything on our end we could do” to get Smallbone back to Wyoming, he said. “But we can’t file anything in a Colorado court.”
Smallbone is supposed to be in Converse County District Court on Tuesday for an arraignment on the 72 felonies he faces, according to court records.
Asked whether he expects Smallbone to be at that hearing, Walsh replied, “I’m not going to hold my breath.”
‘We Couldn’t Believe It’
A staffer at the Larimer County Court confirmed Friday afternoon that the magistrate didn't have the Wyoming paperwork by the time Smallbone's hearing came up.
The Converse County Attorney’s Office responded that it has a policy of not commenting on active cases, stating that his arraignment is set for Tuesday and that “our office expects him to appear for that court date.”
Kelsey Crandall was watching a livestream of Smallbone’s hearing Thursday and said she was “absolutely floored” when she realized he would be walking out of jail.
“Me and my coworkers were watching it, and we couldn’t believe it,” she told Cowboy State Daily on Friday.
Crandall said she knows Smallbone, but not well. She and the others are interested in the case “because this is a small town and we have families.”
“We’re here in Douglas, and I know this man,” she added. “My understanding from the hearing is Converse County did send (the proper paperwork) in, but it was not processed … in Colorado in time.”
Cowboy State Daily talked to another person who watched the livestream of the hearing who corroborated Crandall’s account.
Along with the magistrate who was presiding over the hearing, Crandall said that even Smallbone “seemed kind of confused.”
She also said it appeared the magistrate had to agree with Smallbone’s defense attorney, who argued for the PR bond.
“The judge did say that she agrees with the defense that it was not processed correctly through their court,” Crandall said.
She also said Smallbone assured the Colorado magistrate that if given a PR bond, he’d return to Wyoming for his Tuesday hearing, along with another one in Colorado set for him Thursday, per an order by the magistrate.
“I know him from our town, and I’ve worked with him previously,” Crandall said, adding that she watched the hearing “truly, honestly, just because I’m nosy.
“But it’s happening in our small community, and the victims of his (alleged) crimes, I’m friends with a parent.”
Like Undersheriff Walsh, Crandall isn’t holding her breath for Smallbone to show up for court Tuesday.
“I have a good feeling he won’t,” she said. “I can’t imagine him showing up.”
A call to Smallbone’s Converse County public defender wasn’t returned by publication.
That’s A Lot Of Cash
The apparent error with the Colorado court isn’t the first time Walsh has been surprised by Smallbone and the case against him.
He was able to abscond to another state because he posted a $250,000 cash bond in his Converse County case — and did so when someone on his behalf walked into the Converse County Detention Center on June 24 with a quarter of a million dollars in cash.
“That surprised me as well, definitely a surprising twist,” Walsh said, adding that he was surprised again Thursday. “I was shocked. I’m still shocked.”
While there is speculation about whether Smallbone will show up for court next week, he told a Wyoming district court judge he would in a letter begging for his $250,000 bond to be reduced or to be let out on his own recognizance.
“I am writing to respectfully request a reconsideration of my bond conditions in light of recent developments that have significantly affected my family’s situation,” he says in a handwritten letter dated June 18.
The letter was written six days before someone walked in with $250,000 cash to bond him out of jail.
“I understand the seriousness of my circumstances, but I ask you to take into account the following factors as you consider my request,” Smallbone wrote.
Those include the potential to lose his family’s home at a time when his wife is suffering PTSD because of his prosecution.
He also wrote that being incarcerated is “jeopardizing my business, which is crucial for supporting my family. Losing my business would exacerbate our financial and emotional stress.”
“Personal safety concerns” is another reason, he wrote. “My wife and I have received specific death threats, creating a climate of fear and anxiety that affects our daily lives.
“This environment is not cooperating with legals proceedings.”
Smallbone also specifically highlights his “willingness to comply” and that he was “fully prepared to adhere to any conditions set forth by the court.”
He apparently wasn’t, Walsh noted, because he was wanted on the fugitive warrant because “he did violate terms of his bond.”
In a short response to Smallbone’s letter, Judge Scott Peasley said communicating directly with the judge in his case is improper and he won’t consider it.
On The Radar
The list of charges against Smallbone is long, including:
• 1 count of first-degree sexual abuse of a minor.
• 36 counts of possessing child pornography.
• 16 counts of using a video camera to record intimate areas of another person without consent.
• 18 counts of knowingly manufacturing, generating, or creating child pornography.
• 1 count of possessing more than 3 ounces of marijuana (1.3 pounds).
He landed on the radar of the Converse County Sheriff’s Office after the mother of an underage girl reported concerning interactions her daughter had with Smallbone on May 9.
The girl was in a vehicle with Smallbone and others when he allegedly typed “if you suck me, I’ll lick you” on his phone and showed it to the girl, according to an affidavit of probable cause written by Lt. Benjamin K.P. Peech of the Converse County Sheriff’s Office.
“He also mouthed the words, ‘I want to see you naked,’” the affidavit says.
Smallbone later denied mouthing anything or showing the girl any messages.
That, along with other alleged disturbing interactions with the girl at Smallbone’s home that evening, started an investigation that revealed a trove of photos, videos and other child sexual abuse material (CSAM) on his electronic devices, the affidavit says.
The investigation also showed Smallbone had been convicted in 2002 of sexual assault on a child by a person in a position of trust in Douglas County, Colorado.
He also had registered as a sex offender in Wyoming in 2014, but it was “later determined not to be required to register in Wyoming due to him being a juvenile at the time of his adjudication in Colorado,” according to the affidavit.
That was in reference to a 2001 case when Smallbone was 12 and was accused of sexually assaulting a 5-year-old girl, the affidavit says.
While in treatment for that incident, he disclosed he also had sexual contact with at least seven other children, and five were younger than him at the time of the sexual contact.
What Investigators Found
The case against Smallbone exploded when forensic examinations were performed on his cellphone and electronic devices, according to the affidavit.
On them, they found dozens of images and videos depicting prepubescent girls and boys performing a wide range of sex acts, the affidavit says. Many of the videos appear to have been created by Smallbone in rooms and spaces that are identifiable to alleged potential victims.
There also were videos of Smallbone having sex with an adult female, the affidavit says, adding that the woman told investigators she had no knowledge she was on camera.
The most disturbing allegations stem from a series of at least seven videos that the affidavit reports allegedly show a young girl having her pants pulled down and being subjected to having sex with a dog.
Along with the CSAM, investigators say they found “records indicating (his phone) had been used to connect to the Tor Browser, which is commonly used by subjects accessing CSAM to communicate within the Dark Web anonymously,” the affidavit says.
If convicted with maximum concurrent sentences, Smallbone could face up to 791 years in prison and fines of up to $710,000.
The most serious is the sexual abuse of a minor charge, which calls for a sentence of between 25 and 50 years.
Greg Johnson can be reached at greg@cowboystatedaily.com.
