A Kalispell man was given a six-year deferred imposition of sentence and ordered to pay $22,555 in restitution Oct. 6 for stealing state unemployment benefits.

Willie Nelson Davis, 31, will also have to pay $800 in public defender fees, though his attorney asked that Flathead District Judge Heidi Ulbricht waive the fee so all funds could be diverted to paying back restitution.

Ulbricht did not grant the request and said she was surprised Davis qualified for public defender services.

“I do think it is appropriate that you pay the $800,” Ulbricht said.

She did suspend the $1,000 fine that comes with a felony theft conviction, at the request of prosecutor Stacy Boman who said the state did not feel it was necessary to impose a fine.

Davis was given credit for one day of jail time served.

The state and Davis’ attorney disagreed over whether or not he should be allowed access to alcohol. Felony probationers are typically barred from establishments that serve alcohol and are not allowed to be in possession of alcohol.

“I think Mr. Davis should be diverting his funds toward restitution, not toward the purchase of alcohol,” Boman said.

Davis’ attorney William Managhan said there was no reason Davis should be prohibited from being in possession of alcohol.

“My client has no history of alcohol abuse,” Managhan said. “I don’t think there is any nexus to alcohol.”

Ulbricht granted Davis’ request that alcohol prohibitions be stricken from terms of his probation.

He is set to pay restitution at a rate of $313 per month.

The sentence comes after Special Assistant Attorney General Joseph Nevin wrote in court documents that Davis accepted unemployment benefits from Montana from Oct. 8, 2013 until March 24, 2015.

He allegedly reported earning $16,114 during that time. Records from Plum Creek Northwest Plywood indicated that Davis allegedly actually made $63,075 during that period.

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