January 14, 2005

FOR IMMEDIATE RELEASE

The District Court sentenced Coeur d'Alene man Jason Hill, 33, to a term of 2 to 5 years in prison on January 4, 2005. Hill received that sentence after Prosecuting Attorney Jack Douglas asked for 4 to 8 years in prison for the convicted burglar and thief.

On July 27, 2004, a Boundary County jury found Jason Hill guilty of two misdemeanor counts of petit theft and one felony count of burglary after what Douglas labeled a "spirited and hotly contested jury trial." One of the thefts was from LaMar's and the burglary was of the Gift Gallery, both local Bonners Ferry businesses.

These crimes happened when Hill entered each store and stole items. In the case of the Gift Gallery, the theft rose to burglary when the prosecution felt it could show that Hill entered the store with the requisite intent to steal already in his mind. Though he entered during business hours through the front, business door, the crime rose to burglary because evidence indicated he already intended to steal. Douglas said there is a lesson for people in this case, beyond the obvious. "What some people fail to consider when they decide to steal, is that what is often thought of as 'shop lifting or petit theft,' becomes a much more serious offense when we can show that the person stealing already had the intent to steal when they enter the business. People who enter businesses and shop lift might want to reflect long and hard about the full implications of this fact because burglary has the potential for a prison sentence and petit theft does not. Jason Hill found out to his horror that having filed a felony we could prove, we would not back down and offer him a deal. It concerns me that people may imagine that shop lifting and petit thefts are not serious crimes and thereby do them, but the truth is that they can quickly arise to the level of burglary which is a very serious crime and one that I usually recommend prison or lengthy local jail time for. People need to think twice about it."

Douglas said it also concerned him that juveniles in the community may not realize they are playing with fire when they enter a store to steal a small item to eat or drink. "Sometimes they find out to their great surprise that they have committed burglary. I think people should really think about it. Is a can of pop or a candy bar or a six pack of beer worth a possible burglary conviction? Maybe this case has the value of incarcerating a man who truly deserved it, but also can help serve the goal of community education. Those who steal from local businesses are running a risk not worth taking," Douglas said.

In any event, Douglas said people need to consider that even for crimes that become prosecuted as petit thefts, jail time seems to be the norm at sentencing. He said he doubts most people consider that two days for even first time offenders is fast becoming part of the standard sentence.

In the Hill case, Jason Hill stole at least $1180 in items from the Gift Gallery, for which he will be held to pay restitution when and if he obtains parole from the state penitentiary. Douglas said: "I consider this a significant victory for the community and for law enforcement. The fine work of the Bonners Ferry Police Department and the cooperation of the local business owners, enabled us to build a winnable case. The jury did its duty and now because of these factors and a lot of hard work we did that most people never get to see, a felon is off the streets and going to prison, where he belongs."

It did not help Hill at sentencing that he had a long criminal record and had been to prison before. "Attitude means a lot. Here was a man who had done similar misdeeds many times and even gone to prison before, yet he still did not get the message. Given that poor attitude and selfishness, I believe prison was the only appropriate sentence," Douglas stated.