A former Boulder Elks Lodge trustee who faced up to two years in prison for knowingly exposing people to asbestos was sentenced Friday to four months’ house arrest and ordered to pay $3,000.
Allen Goldstone, 53, pleaded guilty in March to failing to notify environmental regulators about the asbestos uncovered during renovations to the Elks Lodge, which occasionally rents its rooms to the public.
Under the plea agreement, Goldstone faced up to two years in jail and a fine of up to $30,000.
But U.S. District Judge Edward Nottingham strayed from the sentencing guidelines of the agreement, chastising the U.S. attorney for “bullying” the defendant and his lawyers by disregarding possible evidence that would help the defendant.
“You may have bullied the defendant into going along with you, but you’re certainly not going to be bullying this court,” Nottingham said.
The Boulder resident’s clean criminal record, as well as his history of volunteer work during his 20 years with the Elks Lodge, led Nottingham to reject prison time for Goldstone, calling it “totally inappropriate.”
The U.S. attorney’s office pushed for a prison sentence because “criminal violations of the Clean Air Act are serious offenses, especially when toxic materials like asbestos are involved,” spokesman Jeff Dorschner said.
During his sentencing hearing, Goldstone said the crime will haunt him for the rest of his life.
“I feel terrible that I put anyone at risk,” he said.
Staff writer Alicia P.Q. Wittmeyer can be reached at 303-820-1316 or awittmeyer@denverpost.com.
