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Jurisdiction retained in theft case

by Keith Kinnaird News Editor
| September 18, 2012 7:00 AM

SANDPOINT — Jurisdiction was retained Monday over a Bonner County man who used a debit card scheme to steal nearly $20,000 worth of fuel from a Priest River gas station.

First District Judge Steve Verby imposed a two- to four-year prison term but retained jurisdiction over Tony Allen Lambert, which means he’ll serve up to a year in prison before a decision is made to release him onto probation or further imprison him.

Lambert, 39, pleaded guilty to grand theft, but absconded before he could be sentenced last fall. He surrendered to authorities in Salt Lake City in June, according to court documents.

Lambert allegedly gamed Priest River Family Oil’s credit card authorization system using prepaid debit cards. Lambert is also accused of selling the fuel to others, apparently to sustain a recently acquired methamphetamine habit.

The thefts occurred during a four-month period last year.

A pretrial settlement agreement proposed a two- to four-year term with retained jurisdiction, but Bonner County Deputy Prosecutor Larry Goins said the pact was nullified when Lambert went on the lam.

Goins recommended a straight prison term at sentencing, although Chief Deputy Public Defender Janet Whitney urged the court to retain jurisdiction because Lambert is a father of five who needs drug treatment.

Lambert apologized for his misconduct and told the court he relocated to Idaho to escape a criminal lifestyle, but ended up becoming a meth user.

“That’s where it all started,” Lambert said.

Working against Lambert during the hearing were the impact on the business and the repetitive aspect of his theft spree.

“Once you found a way to do it, you continued to do it,” said Verby. “It shows criminal thinking.”

However, Verby said a prison stretch would hamper Lambert’s ability to make restitution and not necessarily meet other goals of sentencing, which include deterrence, protection of society and retribution.

Lambert will be given access to a drug-treatment program while imprisoned.

Lambert was ordered to pay $19,509 in restitution. Priest River Family Oil’s insurer covered $15,565 of the company’s losses. The restitution is structured so that Priest River Family Oil is first paid the $3,943 that wasn’t covered by insurance. The rest of the restitution will be paid to the victim’s insurer, according to court documents.