Car theft suspect’s case continued to February

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Jarod Bays

An eight-year Department of Corrections sentence could have been handed down Tuesday in Moffat County District Court against a Craig man charged in an Aug. 9 vehicle theft.

Jarod Bays, 25, pleaded guilty Oct. 24, 2011, before Judge Shelley Hill to aggravated motor vehicle theft in the first degree, a Class 4 felony, and driving under the influence of alcohol and reckless endangerment, both misdemeanors.

Hill presided over a sentencing hearing Tuesday, but rather than delivering the agreed upon sentence, the hearing was continued at the request of Bays’ attorney, Douglas Timmerman.

Timmerman told the court his client was recently accepted to an inpatient treatment program sponsored by Denver Rescue Mission, and he asked for additional time to learn whether the program would be a viable alternative to jail time.

“Well, Mr. Timmerman, this is a day late and a dollar short, don’t you think?” Hill said. “Why wasn’t this done before plea agreement negotiations?”

Timmerman said his client’s mother applied for the program on behalf of her son and did not receive an answer until Dec. 29.

Jon Pfeifer, Moffat County deputy district attorney for the 14th Judicial District, objected to the program because a plea agreement had already been reached.

However, in the process of reviewing the case file, Pfeifer noticed that he and Timmerman had not received the results of a pre-sentencing investigation on time.

PSIs are required to be in the hands of both the prosecution and the defense at least 72 business hours before sentencing.

“As far as the program, I certainly object on those grounds because we have a stipulated DOC sentence,” Pfeifer said. “However, Mr. Timmerman received the PSI Friday and I think by statute he is entitled to a continuance.”

Because the PSI was not delivered on time Judge Hill granted the continuance, but cautioned Bays from getting his hopes up about Denver Rescue Mission.

“Mr. Bays, you should have thought of this a long time ago,” Hill said. “I will also tell you that I have agreed to a program like this only once in my six years as a judge and I did that because he did not have quite the record that you have.

“You come here with quite a lot of baggage. Even if this is a viable program for you, I’m not sure I would go along with it because you have an agreement with the state for an eight-year DOC sentence.”

Bays is scheduled to be back in district court at 4:30 p.m. Feb. 1 for sentencing.

As part of Bays’ plea agreement, additional charges of criminal mischief of $20,000 or more, a Class 3 felony, and trespass of an auto with intent to commit, a Class 5 felony, were dropped, according to court records.

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Comments

paulhubbardz 2 years, 3 months ago

Make sure you get all the discounts you are entitled to. You might qualify if your vehicle has an alarm, for example check "Clearance Auto" site.

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cory5611 2 years, 3 months ago

Great another way to waste taxpayers money thanks to the DA office and this Judge maybe this career criminal can get all the free crap from the taxpayers why is it that he signed the plea deal and was not sentences the same day makes no sence

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Brian Kotowski 2 years, 3 months ago

I hope Mr. Bays is as tough as he looks. I have a cop friend who has had to transport prisoners to DOC facilities. He says that even he - an experienced, armed cop - is always uncomfortable venturing into those snake pits.

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cmawest 2 years, 3 months ago

heh ! yup ! i used to work there. they would have to shoot me for escaping. no way would i live there. snake pit is a gross understatement.

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maria101 2 years, 3 months ago

im really beginning to believe that cory5611 really dont now how to read lol...he wasnt sentenced because there might be a very good alternative for mr. bays besides sending him to prison for 8 years you know people make mistakes, some learn and some it takes few knocks, sometimes it takes a drastic situation for people to realize they need help, some people are actually worth saving..your a very negative person..

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cory5611 2 years, 3 months ago

And I can read just fine when you defend people like this it helps there cause for repeating they think they can get a way with it

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cory5611 2 years, 3 months ago

And how is this program going to help they going to teach him how not to still a car he should have been thanking that when he took it now he wants a second chance and how is that fair for any of us we have to keep being the victims of his crimes so he can learn thats crap

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maria101 2 years, 3 months ago

oh everybody always wants cry victim, poor po-po babies....im not defending im stating that there are better alternatives for some than just lockin them up and did your mama raise you thinkin life was fair and if you would come down off your little high horse and realize that all people go through there trials and tribulations and as long as alicia and jarod keep God in their hearts they will make it through this,They are very good people and they are victims of the bottle...

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cory5611 2 years, 3 months ago

Not victims of the bottle .....chosing to lick it dry.like I said keep blaming every thing but them selfs so if I get drunk tonight and beat my wife its ok because I was drinking and then I would be the victim of the bottle thats good to know now what was I doing with my life. And if they have god in there hearts they would do the right thing and blame them selfs not any thing and every thing

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cory5611 2 years, 2 months ago

Maria101 I see Mr bays has made the Craig newspaper today and it sure was not for changing his life maybe you need to look at who you are defending now because he just cost all of us taxpaying people more money I hope I get picked for his jury because I will do my best that he is put away for as long as we can

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