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Failure to prosecute: This isn't justice for all

LARRY TANZER/Guest Opinion | Hagadone News Network | UPDATED 12 years, 7 months AGO
by LARRY TANZER/Guest Opinion
| February 25, 2014 8:00 PM

In reading "My Turn - CoiNuts Travesty Revisited" in the Press, 2-8-14, some points made struck a strong chord with me. While I had previous, trouble-free dealings with CoiNuts, my issue is with the Kootenai County Prosecutor's Office, and, by default, the Prosecutor, Barry McHugh.

I will try to condense my issue, as much as possible. In 2009, I hired a painter to paint the exterior of my home. He and a helper did so. The only time either of them were inside my home was to use the bathroom. In 2012, I discovered that a number (about 36) of guns had been stolen, along with other items, and the spare keys to the home, which had been hidden in the bedroom.

The ID of the helper (I will refer to him as Calvin) was found in one of the basement window wells. Subsequently, some of the guns were recovered in one, or more, Spokane pawn shops. They had been pawned by the painter (I will refer to him as Ron). In fact, one of the guns had been pawned twice, by Ron, within a one-year period.

Evidently, the thieves had used the stolen keys to gain entry to the house and to the locked room where the guns were stored. Since that room was in the process of remodeling, the guns had been stacked in corners, and a few missing, at any one time, would not be noticed. They evidently took a couple at a time, over a period of a year or more. This was made easier by the fact that I was often gone about three weeks each month, in my work, returning home only on weekends.

When questioned by the KCSO detective, Ron stated that the guns he pawned had been given to him by Calvin, in payment of a debt (for drugs?). Ron agreed to testify in court against Calvin.

In spite of all this, the prosecutor's office declined to prosecute either party. While Ron had no prior felony record, Calvin's felony record is lengthy, and he is well known to law enforcement in Spokane, where he lives. Ron at the time lived in Spirit Lake, not far from my home.

The deputy prosecutor said the declination to prosecute was based on a lack of evidence; "the testimony of a co-conspirator was not enough." Further, he said that Calvin could claim that his ID had been lost/stolen, and was not dropped in my window well by him.

As an aside, Ron was subsequently convicted, in a plea bargain, of attempted grand theft for attempting to pass a check on a closed account; the account was mine, and, unknown to me, at the time, a book of checks from that closed account had also been stolen. The check was made out to Ron, endorsed by Ron and even signed by Ron, even though my name was imprinted on it. And, in spite of this, they still declined to prosecute on the stolen items.

My issue is with the failure to prosecute, given all the above evidence. I have spoken with detectives in both the Spokane PD and the KCSO; both have stated that they feel that I got a "raw deal." Since the stolen guns crossed state lines, federal authorities became involved, but they also declined to prosecute.

I understand that a prosecutor does not want to prosecute without a reasonable chance of winning the case. But, as Mr. Murphy points out in his letter, I believe that it was an unjustified fear of losing the case that led Kootenai County to decline prosecution.

Is a prosecutor's win/loss record more important than seeing justice done? With the evidence noted above, I feel there was a better than even chance of a conviction; if not, there is something seriously wrong with our legal system.

Mr. Murphy's points only reinforce my feelings. How many more cases in Kootenai County have not received justice due to a fear of losing and a failure to prosecute?

Larry Tanzer is a Spirit Lake resident.

ARTICLES BY LARRY TANZER/GUEST OPINION

February 25, 2014 8 p.m.

Failure to prosecute: This isn't justice for all

In reading "My Turn - CoiNuts Travesty Revisited" in the Press, 2-8-14, some points made struck a strong chord with me. While I had previous, trouble-free dealings with CoiNuts, my issue is with the Kootenai County Prosecutor's Office, and, by default, the Prosecutor, Barry McHugh.