A man convicted of taking more than $26,000 in cash deposits and merchandise from Westland Seed in Ronan has asked the Montana Supreme Court to overturn Lake County District Judge Deborah Kim Christopher’s July order to pay restitution.

John Creswell Dovey’s attorneys claim that the feed store received an insurance reimbursement that covered all but $300 of the value of items that Dovey stole from the business while he was employed there in 2013.

Dovey, 41, received a six-year deferred sentence in July for stealing cash deposits, guns and other merchandise.

“A victim should be entitled to unrecovered losses in criminal restitution,” attorney Martin W. Judnich wrote in the Nov. 2 appeal. “There is no reasonable dispute that Westland Seed has received full payment for all losses, less $300.”

The restitution matter was discussed at Dovey’s sentencing when state prosecutors argued for restitution to “punish” Dovey. Dovey’s attorney’s fought against that stance, saying that restitution is not meant to be a punishment, but it is meant to make whole what was taken from crime victims. Dovey’s defense claims that ordering restitution on top of the insurance payments would amount to double payment, which is something the Montana Supreme Court has ruled against in the past.

At sentencing, Judge Christopher foresaw the coming appeal.

“I’m going to let you appeal this to the Supreme Court, if you want to,” Christopher said, according to court records. “Because from the court’s bottom line, these were the items that were taken from Westland Seed. I don’t see any reason why the defendant benefits from whether Westland Seed has insurance or not.. And if the Supreme Court wants to change that, then based on the law then, certainly the court looks forward to being overruled.”

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.