A deal could be extended by May 2 to Dawna Foxx who faces 23 counts of theft, forgery and identity theft charges.
Foxx, 67, a former executive director of the Breckenridge Festival of Film — now the Breckenridge Film Festival — appeared Monday, April 21 in Summit County District Court where she is charged with two counts of theft, a Class 3 felony; two counts of theft, a Class 4 felony; three counts of identity theft, a Class 4 felony; and 16 counts of forgery, a Class 5 felony.
During Monday’s hearing, Foxx’s attorney, J.B. Katz of Breckenridge, said conversations about a potential deal with deputy district attorney John Franks had been ongoing for some time, but nothing official had yet materialized.
In an effort to speed the case up, which has been in the court system since November 2013, 5th Judicial District Chief Judge Mark Thompson ordered the district attorney’s office to formalize an offer by Friday, May 2. Thompson also scheduled the case for a disposition hearing at 12:30 p.m. Monday, June 2 to provide Foxx with ample time to consider the pending deal.
“I want a firm offer on the table absolutely no later than May 2,” Thompson said. “If there is no formal offer at that time, I want to know about it.
“Come June 2, if there is no disposition then I expect you (defense) to be prepared to enter a plea of not guilty, so we can set this case for trial on that date.”
Foxx, who now lives in Kansas, was executive director of the Breckenridge Festival of Film from 2004 to 2012. The case against her stems from allegations that between 2007 and 2012 Foxx stole close to $250,000 from her ex-husband, his business partner and the Festival of Film, a Summit County nonprofit.
Records from a several months long investigation by the Breckenridge Police Department alleges Foxx stole about $20,000 from her husband, Ron Foxx, and about $16,000 from his business partner, according to the arrest affidavit filed in November 2013. Foxx also allegedly embezzled more than $210,000 from the Festival of Film, according to court records.
Foxx had been using film festival accounts for her personal use, in a manner not authorized by the board of directors, records stated. Foxx allegedly used fraudulent checks and credit cards to pay for personal items, including clothing, rental cars, airline tickets, utility bills and gardening supplies, as well as gambling expenses.