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Alberton junkyard thief sentenced to pay $7,800 in restitution

by Keith Cousins/Mineral Independent
| March 13, 2013 2:01 PM

Joint investigation of the MCSO and MHP results in the apprehension and conviction of Alberton man for a series of thefts in the town.

On March 6, the Mineral County Justice court found Earl Perrine, of Alberton, guilty of six misdemeanor counts of theft as part of a plea bargain agreement struck with County Attorney Marcia Boris.

The guilty verdict is the result of an investigation that began in July, when Alberton resident Joe Hanson reported the theft of radiators and batteries from his junkyard to the Mineral County Sheriff’s Office.

“The case was assigned to Undersheriff Mike Boone, who contacted local recycling yards in Missoula to see if the stolen items had been offered for sale without any results,” the affidavit of probable cause states.

Since the initial report of the theft was filed both MCSO and the Montana Highway Patrol conducted an investigation, which began to come towards a conclusion on Sept. 23 after MCSO requested Hanson go to the Natural Pier Bridge Area in Alberton to pick up an axle that had been dumped there.

“Joe retrieved the axle and placed it on his rollback truck,” the affidavit states. “When he drove into town he ran across an individual who recognized the axle as one that he saw on either Thursday or Friday, Sept. 20 or 21, when he watched a car leaving Hanson’s junk yard with the axle hanging out of the back of the truck.”

The individual who witnessed the truck leave the junk yard wrote down the license plate number and watched as the vehicle headed towards the Natural Pier Bridge area without slowing down.

On Sept. 26, Hanson was in his junkyard when he saw a vehichle “he knows is commonly driven by Earl Perrine.”

“Hanson tried to get over to the vehicle, but it headed towards the North Frontage Road by way of Pasio Lane,” the affidavit reads. “Hanson knows that road is chained but as he ‘chased’ the vehicle he discovered the chain had been cut.”

Hanson did not see the driver but recovered the cut chain and provided it to Trooper Richard Hader of the MHP.

After giving the chain to Trooper Hader, Hanson went to a piece of property he owns and calls “the burn pit” and discovered more thefts had occurred.

“The theft involved a chain link fence that is owned by the Town of Alberton, some forks from a fork lift and some radiators,” the affidavit reads.

Investigation of the incident was assigned to Deputy Rob Larson and while Deputy Larson was away for training, Hanson contacted several recycling yards in Missoula to inquire if they had received anything from Perrine.

After a call to Allied Waste did not yield results, Hanson called Axmen – who informed him that Perrine had been bringing batteries, electric motors and radiators to their business.

“…and provided a print out of Perrine’s transactions from Sept. 14 to Sept. 26,” the affidavit reads. “He also had a photocopy of Perrine’s driver’s license.”

Hanson received more information on Perrine’s transactions with Axmen before calling another business – Pacific Steel.

An employee of Pacific Steel informed Hanson that Perrine had been selling them batteries, radiators and scrap iron and provided him with a print out of Perrine’s transaction.

“He also gave Hanson a video of Perrine selling the radiator on Sept. 25,” the affidavit states. “The vehicle in the video is the car owned by Alta Perrine (Perrine’s grandmother) that Perrine routinely drives. The radiator that was sold on that date was saved by Pacific Steel.”

MHP Trooper Shawn Smalley picked up the radiator as well as printouts from both Axmen and Pacific Steel.

“Hanson then went through his junk yard and checked on all his vehicles,” the affidavit reads. “He discovered that radiators and batteries are missing from 43 vehicles.”

On Oct. 3 Perrine was located in Alberton by Trooper Hader, who informed him the two needed to have a discussion.

After the interview had been rescheduled “a couple” of times, Trooper Hader met with Perrine at the Alberton Town Office on Oct. 5.

Trooper Hader told Perrine he was “looking into some thefts” from the junk yard to which Perrine responded he hadn’t been at the junk yard in three months.

“Trooper Hader remarked that he thought it was funny that in all of their conversations about scheduling the interview, Perrine never asked what he wanted to talk about,” the affidavit reads. “Perrine informed him that it was a small town and he knew what Hader wanted.”

Prior to the interview, Trooper Hader explained to Perrine he was going to tape record the interview and read him his rights. After his rights had been read, Trooper Hader said Perrine would have the opportunity to tell his side of the story if he wished to.

Perrine was read his rights and declined to speak with Hader. At that time Hader shut off his tape recorder and told him he would be turning over the materials from the investigation to the county attorney’s office and Perrine should expected to be arrested on a warrant for felony theft.

“Perrine then stated he wanted to talk and Hader explained to him that he could not question him since he had gone on the record invoking his rights,” the affidavit reads. “He explained to Perrine that after charges were filed, he would offer the opportunity to him and his attorney to come in for another interview and they could speak at that time.”

Perrine was arrested and on Feb. 12, County Attorney Boris submitted a formal plea agreement offer to Perrine and his lawyer, which had to be accepted in writing by Feb. 28.

The plea agreement reduced Perrine’s charges from 26 to six charges after he entered a plea of guilty.

At his sentencing, Justice of the Peace Wanda James sentenced Perrine to 1095-days of jail time in the Mineral County Jail that will be suspended as long as Perrine follows the other stipulations of his sentencing – including paying a total fine of $12,090, restitution of $7,800, attorney fees and be subject to misdemeanor probation for three years.

Perrine is also required to write an apology letter to Hanson and after that refrain from making contact with Hanson.