David Warren Cross, Falsification, Colorado 2005

Westminster, CO – A former City of Westminster employee admitted to falsifying environmental data submitted to health inspectors, leading to a deferred sentence and probation. David Warren Cross, previously employed as a Bio-Solid Coordinator, confessed to manipulating nitrate level readings in soil samples related to the city’s land application of bio-solids. The case, investigated and brought to light in 2005, underscores the critical importance of accurate reporting in environmental compliance.

According to court documents, Cross voluntarily informed his employer about the data manipulation. The falsified information was provided to the Tri-County Health Inspectors, the agency responsible for overseeing environmental regulations in the Denver metropolitan area. The motive behind the falsification remains unclear, and investigators have not publicly stated whether the manipulated data presented an actual environmental hazard. However, the act of submitting inaccurate reports constitutes a serious breach of public trust and regulatory standards.

The charges against Cross were formally filed on September 14, 2004, alleging a violation of Colorado Revised Statute (C.R.S.) 25-8-610, which specifically addresses falsification and tampering with environmental records. This statute carries significant penalties, including potential jail time and substantial fines, depending on the severity and impact of the false reporting. While the full extent of the potential consequences was considered, a plea agreement was reached.

On March 17, 2005, Cross entered a guilty plea to the single count of violating C.R.S. 25-8-610. The court sentenced him to a 24-month deferred sentence, meaning the conviction will be removed from his record if he successfully completes the terms of his probation. He was also placed on 24 months of supervised probation, requiring him to adhere to specific conditions set by the court, such as regular check-ins with a probation officer and potential community service.

The case highlights the increasing scrutiny placed on municipalities and their environmental practices. Land application of bio-solids, a process involving the use of treated sewage sludge as fertilizer, is a common practice but requires strict monitoring to ensure it doesn’t contaminate soil and water resources. Accurate data reporting is paramount to demonstrating compliance with environmental regulations and protecting public health. GrimyTimes reached out to the City of Westminster and the Tri-County Health Department for comment, but neither responded by press time.

The relatively lenient sentence has raised questions among some environmental watchdogs, who argue that falsifying environmental data should be met with harsher penalties to deter others from similar actions. However, legal experts note that the deferred sentence likely reflects Cross’s voluntary disclosure of the wrongdoing and his cooperation with investigators. Regardless, the case serves as a stark reminder that integrity in environmental reporting is non-negotiable.

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Key Facts

Defendant: David Warren Cross
Location: Westminster, Colorado
Year: 2005
Charge: Falsification and tampering with environmental records (C.R.S. 25-8-610)
Plea: Guilty
Sentence: 24-month deferred sentence and 24 months probation
Victim: Tri-County Health Inspectors, Public Trust

Source: EPA ECHO Enforcement Case Database

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