BISMARCK, N.D. (AP) - Officials in a North Dakota town where a white supremacist bought up properties and conducted armed patrols in hopes of taking over the community have turned their anger on the county prosecutor over a plea deal that might keep the man out of prison.
A complaint that Grant County State’s Attorney Todd Schwarz ignored the town’s wishes that Craig Cobb get prison time for terrorizing residents of Leith was filed with North Dakota’s attorney disciplinary board, the town’s website operator Greg Bruce said Tuesday.
The complaint, which also maintains that Schwartz acted unprofessionally and possibly unethically, was signed by Leith Mayor Ryan Schock, City Councilman Lee Cook and Bruce. It seeks to have Schwarz censured and removed from the case.
The officials say they want a special prosecutor to be appointed to have Cobb brought to trial. Schock said that the majority of the town’s residents want Cobb behind bars.
“If (Schwarz) had done his job from the beginning, we probably wouldn’t be in the situation that we’re in,” he said.
Schwarz told The Associated Press on Tuesday that he believes he has handled the case properly, with the assistance of two assistant state attorneys general. He said the overall evidence in the case might not have been enough to convince a jury to convict Cobb on the seven felony terrorizing charges he originally faced, and that four of the six victims in the case support the plea bargain.
Cobb, 62, moved to Leith about two years ago and bought a dozen properties. He encouraged others with white power ambitions to join him so they could create a voting majority in the town that had just 23 residents at the time. His plans failed to materialize and he no longer owns any property in Leith.
Cobb, who also is wanted on a hate crime charge in Canada, is awaiting sentencing for terrorizing residents by carrying out armed patrols in mid-November. He agreed to plead guilty to five misdemeanor menacing charges and one felony terrorizing count in a deal negotiated with Schwarz that would spare him further jail time. Cobb would be on supervised probation for four years and would no longer be allowed to own guns.
Judge David Reich in late February ordered a presentence investigation before he considers accepting the deal.
State Supreme Court Clerk Penny Miller said Tuesday she could not say whether an investigation was underway into the complaint against Schwarz. Copies of the complaint were sent to Gov. Jack Dalrymple and Attorney General Wayne Stenehjem.
The dispute over Schwarz’s handling of the case stems in part from his decision to drop a charge against Cobb for allegedly terrorizing Bruce. Schwarz and Bruce disagreed over whether the evidence justified the charge.
Bruce said in a statement Tuesday that Schwarz acted unprofessionally while conducting victim interviews. Schwarz said Bruce did not have enough integrity for the prosecutor to consider putting him on the stand in front of a jury.
The prosecutor said he believes the presentence investigation is nearly done and a sentencing date could be set soon.
“I don’t see it (the complaint) throwing a monkey wrench into the case,” Schwarz said.
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