Part of Rathdrum robbery trio faces lengthy prison sentence
Ralph Bartholdt Staff Writer | Hagadone News Network | UPDATED 6 years AGO
A 20-year-old who was armed and wore a mask when he broke into a Rathdrum home last summer — stealing computers and jewelry while beating up a teenager — will spend several months in a prison rehabilitation program.
Coeur d’Alene First District Judge John Mitchell said John Souza’s crimes were violent and egregious enough to warrant a prison sentence, and although defense attorneys wanted to continue Tuesday’s sentencing because Souza’s primary attorney was unable to attend the hearing, the judge refused.
It didn’t matter who argued for the defendant, Mitchell said, as he had made up his mind.
“Even though a prison sentence is recommended, I was going to retain jurisdiction,” Mitchell said. “I will do a retained, even if I were to impose his sentence later.”
Souza was among three people including Trinity A. Chavez, 19, of Post Falls and Michael J. Root, 18, of Rathdrum who wore masks in June when they burst into a residence on the 8100 block of California Street carrying rifles, pistols and knives. They intimidated and beat a group of minors, and they stole or destroyed merchandise valued at more than $1,000, according to police.
The trio targeted one of the victims, punching him several times in the face, according to a police report. They stole a silver watch, a jewelry box, a laptop computer, and cash. They also destroyed the cellphones of the teens in the house by puncturing them with a knife.
One of the teens said Chavez threatened to “stick a knife in his liver” if he called police. Other victims said the trio told them, “If anyone talks, I’ll put a slug in your leg.”
The suspects were rounded up and interviewed by police a day later.
All three were charged with criminal conspiracy and robbery and jailed on $100,000 bail.
Souza’s charges were later amended and he pleaded guilty to one count of robbery.
A probation officer at this week’s hearing called Souza a habitual offender who had been in the system for a while, and whose offenses include absconding from a juvenile program, and five probation violations.
The state recommended a five- to 10-year sentence.
“If the court gives him a rider, there will be serious consequences if he fail[s],” deputy prosecutor Barry Black said.
Public defenders said Souza suffered from PTSD and depression, that he does well when he is on medication, and that he gets in trouble when he doesn’t take or isn’t prescribed medication, such as when he was in the juvenile corrections program. Attorneys asked that Souza be sent on a rider — a prison rehabilitation program that is also referred to as retained jurisdiction, which allows an inmate to prove he or she is a good candidate for probation.
Mitchell ordered a five- to 15-year sentence, and ordered retained jurisdiction.
“If I get a report from the medical staff that you chucked your meds or refused to take them, I will impose your prison sentence,” Mitchell said.
If Souza is placed on probation, he would be beholden to the state, the judge said.
“If I put you on probation, it will be for a very long time,” Mitchell said.
Chavez pleaded guilty to one count of robbery and will be sentenced Dec. 20. Root was sentenced last month for robbery and is serving a rider.
The judge said he would enter the judgment Dec. 18 to allow time for Souza to complete a mental health screening.
ARTICLES BY RALPH BARTHOLDT STAFF WRITER
Traffic fatalities on Super Bowl Sundays? Nope
Super Bowl Sunday may invoke images of tailgating and revelry that exceed the merriment of other annual sporting events, but local law enforcement aren’t kicking off special patrols to tackle errant — or intoxicated — drivers.
Isenberg: No plea at murder hearing
Her shackles jangling, Lori Isenberg walked in single file with other inmates into a downtown Coeur d’Alene courtroom Tuesday afternoon, wearing red, high-security jail pajamas and shower shoes.
Police: Man sought in assault case
The 53-year-old man who likely died during a standoff with police this week in Post Falls was wanted for failing to appear at his sentencing hearing after being convicted for assaulting a group of Jehovah’s Witnesses.