Judge: Theft suspect's credibility 'atrocious'

SANDPOINT - A Bonner County man accused of ripping off heavy equipment from various sites around Kootenai County was sentenced Monday to serve up to four years in prison.

But District Judge Steve Verby retained jurisdiction, which makes Aaron Mitchell Sumner eligible for probation after six months. Sumner had prior no criminal record, but he also lacked credibility in the eyes of the court.

“Frankly, Mr. Sumner, your credibility is atrocious,” Verby told Sumner.

Sumner, 19, was initially charged with six counts of grand theft by possession of stolen property after an assortment of equipment and trailers were discovered neared his home in southern Bonner County earlier this year.

In a plea agreement with the prosecution, Sumner pleaded guilty to a single count of grand theft by possession which encompassed all the thefts. The balance of the charges were dismissed.

The thefts occurred in January and February, and involved an excavator, a track load and several trailers, according to court records.

Sumner was to be sentenced last month, but Verby required him to return this month and present proof of an insurance settlement from a vehicle crash in Coeur d'Alene. Sumner told the court he purchased the excavator using funds from an $18,000 insurance settlement.

“My client still insists that he did purchase it and was making payments,” said Chief Deputy Public Defender Janet Whitney.

Sumner was able to show he personally only received about $8,500 from the insurance claim.

In reviewing the results of Sumner's presentence investigation, Verby noted that Sumner told the investigator proof of the excavator's purchase was lost when his vehicle was broken into and speculated that his neighbors, some of whom he described as drug dealers, stole the equipment and stockpiled it near his home.

The presentence investigator told the court Sumner appeared to be trying to explain his way out of his criminal misdeeds, a view Verby appeared to share. Verby pointed out that Sumner's credibility was impeached by a witness at the prior sentencing hearing and said Sumner had addressed his troubles with “excuses,” “denials” and “fabrications.”

Sumner has agreed to pay nearly $5,000 in restitution to cover the victims' repair and recovery costs, although a final figure is pending.