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Jurisdiction retained in robbery case

by Keith KINNAIRD<br
| May 19, 2009 9:00 PM

SANDPOINT — A Bonner County man who pleaded guilty to the strong-arm robbery of a Sandpoint pharmacy has a shot at avoiding a lengthy prison sentence.

Zachariah David Lindberg was sentenced Monday to serve a five- to seven-year prison sentence, although 1st District Judge Steve Verby retained jurisdiction in the matter, which means Lindberg could be placed on probation after serving six months at an Idaho Department of Correction prison in Cottonwood.

Lindberg, 23, pleaded guilty to robbing the White Cross pharmacy of OxyContin on March 11 by telling a clerk he had a gun and making death threats. When he was apprehended by Sandpoint Police, Lindberg said he was unarmed and the threat of bloodshed was not genuine.

Lindberg reportedly told police he became addicted to narcotic painkillers while recovering from an accidental gunshot wound to his leg. His attorney, Chief Public Defender Isabella Robertson told Verby that her client’s addiction was the motivating factor in the crime and called for leniency.

“My client has been very clear about his shame and remorse for this crime,” said Robertson, who recommended a suspended prison sentence and retained jurisdiction.

Prosecutor Louis Marshall recommended a prison term of five to 10 years for the robbery, which can result in a lifelong sentence in Idaho.

“The Legislature takes robbery seriously and so do I,” Marshall said.

Lindberg told Verby he would accept his punishment, regardless of the sentence imposed.

“I need to take responsibility for what I’ve done,” said Lindberg.

Lindberg said his main consideration in committing the crime was alleviating his withdrawal symptoms and admitted he was unaware he could be locked up for the rest of his life for committing robbery.

“I honestly knew I was going to be caught,” he said.

It was divulged in court Monday that Lindberg was driven to the pharmacy by his mother, which made her an unwitting accomplice in the robbery. Verby said he was “astounded” by Lindberg’s decision to include her in the crime.

“The offense that you committed is the type of offense that can create long-term effects on victims, Verby added.

Verby, however, declined to impose a straight prison sentence due to Lindberg’s background and age.

“I would anticipate you would come out with more of a proclivity to commit additional offenses,” Verby said of the potential effect of being locked up with career criminals for an extended period of time.