Chapen pleads guilty to Felony Theft
Summer Crosby
On Thursday, January 14, 18-year-old Jessie Chapen entered an “Alford” plea before District Judge Robert L. Deschamps in Missoula. County Attorney Shaun Donovan and the defense council traveled to Missoula to have the matter taken care of more quickly, rather than waiting for Judge Deschamps to return to Superior in February.
Chapen entered a plea of guilty for the theft of approximately $7,000 from a residence near Saltese last summer. Under the terms of the plea agreement with Donovan the original charge of Burglary was dropped Felony theft. Chapen entered an “Alford” plea, which means that a defendant does not admit to committing the charged criminal act, but rather admits he would likely be found guilty at a trial. By entering an “Alford” plea, the defendant recognizes that pleading guilty is in his best interest.
In the plea agreement, Donovan can recommend a probationary sentence of up to six years and Chapin can ask for the sentence to be reduced if he pays full restitution. As Chapin doesn’t have prior felonies, he will receive a probationary sentence with conditions, according to Donovan who said it will be up to him or not whether he stays out of jail. Donovan said that although the plea bargain has been made the “ultimate sentencing authority is up to the judge. The judge can decide to follow the plea bargain or deviate from it. The only promise we make to the defendant is if the judge changes the sentencing significantly, he has to give the defendant the right to withdraw his plea and go to trial, but this rarely happens.”
Judge Deschamps accepted the guilty plea and ordered a pre-sentence investigation and report from the Division of Adult Probation and Parole.
“Every time a person pleads guilty to a felony, the Department of Correction does a report investigating the person’s criminal history, social history, drug history, all these kind of thing and makes an independent sentencing report to the court where they suggest a particular sentence and if it’s a probationary sentence, recommend conditions of probation. The judges want to look at these in every case before they impose a sentence,” Donovan said.
It takes normally six weeks to do a pre-sentence investigation and so the date of sentencing for Chapin has been set for March 15 in Superior. Chapin was released from home arrest, but is required to remain under pre-trial supervision pending sentencing.