Sentencing delayed in equipment theft case

SANDPOINT - Sentencing was put on hold for a Bonner County man accused of stealing thousands of dollars worth of heavy equipment in Kootenai County this winter.

District Judge Steve Verby stopped short of sentencing Aaron Mitchell Sumner on a charge of grand theft by possession of stolen property on April 7, after the defendant's credibility was drawn into question, court records show.

Sumner, 19, was originally facing six counts of grand theft by possession in connection with a string of thefts that occurred in January and February. Sumner was accused of possessing a stolen excavator, track loader, and several trailers.

In an agreement with the prosecution, Sumner pleaded guilty to a single, all-encompassing theft charge and the five other charges were dismissed, court documents indicate.

Bonner County Deputy Prosecutor Louis Marshall called the case “unusual” because of the defendant's age and the nature of the thefts, which were anything but minor, youthful transgressions.

“These are very, very large pieces of equipment, and to me it indicates that there is something more going on with this young man,” said Marshall, who recommended a prison sentence of two to five years with retained jurisdiction.

Under retained jurisdiction, a defendant can be released on probation after serving six months in the Idaho Department of Correction.

Chief Deputy Public Defender Janet Whitney pointed out that Sumner has virtually no criminal record, a strong work ethic, and a supportive family. However, Sumner is naïve and exhibits “adolescent reasoning,” she added.

Sumner has already spent 21 days in jail and has agreed to pay nearly $5,000 in restitution.

“He probably needs to do some further jail time to deter him from these bad judgments in the future. I don't think this young man will benefit from going to prison,” Whitney said.

Sumner, who declined to address the court, disputes some of the allegations against him, including that he possessed a stolen excavator. Sumner contends he purchased that piece of equipment.

Verby asked Sumner a series of questions related to the defendant's disclosure in a presentence report that he received an $18,000 settlement from a vehicle collision on U.S. Highway 95 in Coeur d'Alene two years ago.

Sumner said a sedan rear-ended his 1-ton Ford pickup truck, totaling the vehicle and sending him to Kootenai Medical Center, where he was treated and released. Sumner, however, was unable to say who crashed into him, who his doctor was, which insurance company paid him or why he never underwent follow-up medial treatment for injuries which were said to be permanent.

Verby rescheduled the sentencing for next month, at which time Sumner will be required to show proof of the insurance settlement.

“If you're trying to shine me on and you're telling me things that aren't true then there's a tendency to believe that you have less credibility and further that your remorse is such that you're just playing a game,” Verby said.