For Immediate Release
Media Contact: Bob Cooper
(208) 334-4112

Date: October 17, 2006

Adams County Sheriff Pleads Guilty to Petit Theft

(Boise) – Adams County Sheriff Richard Leo Green today entered a plea of guilty to two misdemeanor charges of petit theft, pursuant to a plea agreement. Green entered his pleas in Magistrate Court in Adams County. By pleading guilty, Green admitted that, on August 20, 2003, he used a credit card issued by Adams County to make a purchase for his personal use in the amount of $32.68 from Campo’s Fast and Easy #2 and that on August 25, 2003, he used a credit card issued by Adams County to make a purchase for his personal use in the amount of $18.55 from America’s Best Contact.

The Attorney General’s Office recommended a sentence of 365 days in jail on each count, with Green to actually serve a reasonable time in jail for the offenses. Magistrate Judge William Dillion III ordered a sentence of 90 days in the county jail, a $300 fine and court costs on each count. The court suspended the jail sentence and ordered Green to perform 200 hours of community service.

On March 2, 2006, the Attorney General’s Office filed a criminal complaint charging Green with six felony counts of misuse of public money in violation of Idaho Code Section 18-5701 and three felony counts of presentation of fraudulent accounts in violation of Idaho Code Section 18-2706.

“Although at the time of filing we felt there was sufficient evidence to prove the felony charges beyond a reasonable doubt, a recent decision by the Idaho Court of Appeals in an unrelated case created a substantial legal risk that the felony charges would not be sustained,” Deputy Attorney General Steve Bywater said. “As a result of the court ruling that only public officials with clear statutory duties to keep public money safe can be prosecuted for misuse of public funds, we were left with only the general theft statute to use in order to fulfill our duty to enforce the law and hold Mr. Green accountable for his actions. In agreeing to reduce the charges to petit theft in exchange for the two guilty pleas, we also ensured that Mr. Green received a judgment of conviction.”

Adams County Prosecuting Attorney Myron Dan Gabbert referred the case to the Attorney General’s Special Prosecutions Unit for investigation and prosecution.

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