Neil Christopher Rudd was sent to prison on two felony theft charges for a total of four to 10 years in prison, after being arrested on multiple charges by the police department on July 4.
Rudd pleaded no contest to a category C felony charge of receiving or possessing stolen property. He pleaded guilty to a category B felony charge of burglary, adding to three previous felony convictions already on his record.
Rudd was found to be in possession of items not belonging to him totaling a value of over $13,000, some of which were recovered.
No restitution was ordered in the case as Judge Michael Montero said that due to the way Rudd was charged, the court is limited to a boundary of $650-$3,500 for restitution, although there was no evidence presented giving the court the ability to calculate an accurate restitution amount.
Rudd was sentenced to 24-60 months in prison for receiving or possessing stolen property with credit for time served of 108 days. He was ordered to pay a fine of $10,000 fine along with court fees of $3 DNA collection, $25 administrative assessment and $250 public defender fee.
“The court recognizes that this is the max at the top end of the sentence. The court has the ability to determine the appropriate sentence in all the factors in the case,” said Montero. “Even matters that have been dismissed can be taken into consideration.”
In the matter of the category B felony burglary charge in which Rudd also pleaded guilty to, Rudd’s legal counsel Maureen McQuillan stated that Rudd was blackout drunk when the incidents occurred and woke up in jail 18 hours later, and that he was remorseful and sorry that it had occurred. She also asked that the sentence for Rudd run concurrent with the sentence in his previous case.
No victims were present to give a statement in the matter, although three victims submitted handwritten statements to be considered in the case.
“Obviously there are worse crimes that a person can commit but in my view of the crimes we see come through the courtroom, this is one of the most heinous because you should feel safe in your own home,” said Montero. “There may be explanations or excuses regarding drug or alcohol abuse but that doesn’t overcome the fact that people are violated and the handwritten statements reflect that, as did the last one.”
Rudd was convicted of a category B felony of burglary and sentenced to the maximum of 24-60 months in prison with no credit for time served as his credit for time served was applied in the prior sentencing.
The second prison sentence was ordered to be served consecutive to the first, meaning the second sentence won’t begin until the first one is complete.
Rudd was also ordered to pay court fines of $25 administrative assessment, $3 DNA collection and $250 public defender fee.
In a separate gross misdemeanor case of conspiracy to resist a public officer, David Leon pleaded guilty to the charge and both sides of legal counsel recommended a $1,000 fine, pursuant to plea negotiations.
The maximum sentence for the charge is up to 364 days in prison and up to a $2,000 fine.
In reviewing the case, it was determined that the individuals involved provided false information to a police officer regarding a traffic incident that occured while Leon was at work.
The defendant’s legal counsel Kyle Swanson assured the court that financial obligations resulting from damaged equipment in the incident had been paid by the employer’s insurance.
In Leon’s statement, he said he has worked for the garbage disposal company for 25 years, most of which have been night shifts.
“I have called authorities many times when I’ve seen people vandalizing schools and have considered myself an extra set of eyes for the community,” said Leon.
Montero said that living with a gross misdemeanor for this crime seemed somewhat significant. He ordered a deferred prosecution in the case in which Leon was ordered to pay a $1,000 fine, $25 administrative assessment and $3 DNA fee.
In the deferred sentence, if Leon pays the court-ordered fines and fees within the year and has no other trouble with the law, the matter will be dismissed.
