Rockford man gets 25-year suspended sentence for thefts, other charges

By Bob Steenson, bsteenson@charlescitypress.com 

A Rockford man was sentenced Monday morning in Floyd County District Court to up to 25 years in prison with all of it suspended.

Colten Lindley, age 23, had earlier pleaded guilty to five felony charges in an agreement where the county attorney dropped another nine charges filed against him and recommended the suspended sentences.

District Court Judge Christopher Foy also sentenced Lindley to five years probation, saying, “My hope is, Mr. Lindley, that having the supervision of the probation officer, having to account to them for what you’re doing, where you are, that will be a good thing. Having some more structure in your life at this point, I think, is a good thing.”

If Lindley violates the terms of his probation he could become subject to the prison sentences that were suspended.

“I hope that it will never become necessary to worry about the suspended sentences, but ultimately that’s going to be up to you,” Foy said.

Lindley was charged along with Jason Duane Burnett, age 20, of Rudd, for alleged involvement in a series of thefts over the summer including two pickup trucks, a trailer and a tractor.

Burnett, who has pleaded not guilty to a total of 13 charges, was also in court Monday morning, appearing right before Lindley’s sentencing.

Burnett’s appearance was for a hearing to determine whether several charges filed under three different case numbers should be consolidated into one trial.

Floyd County Attorney Rachel Ginbey argued before Judge Foy that the cases would all involve the same witnesses and that the prosecution was relying on information in all three cases to prove a charge of ongoing criminal conduct.

Burnett’s attorney, Richard Tompkins Jr., of Mason City, argued against consolidation, saying it would be unfair, prejudicial and unrealistic to have all the counts tried at once.

Tompkins said if the cases were consolidated he would ask that two drug possession charges that came about from a search for stolen merchandize be excluded and tried separately.

Foy ruled that the cases would be consolidated, but he said he would consider excluding the drug cases and would make his decision in his written order.

In Lindley’s sentencing hearing, Foy mostly went along with the county attorney’s sentencing recommendations that were part of the plea agreement, although he said he would leave it up to Lindley’s probation officer whether Lindley needs to spend time in BeJe Clark Residential Center in Mason City or a similar residential center to start his probation.

Ginbey had recommended that Lindley be required to start his probation at BeJe Clark, but Lindley’s attorney, Nellie O’Mara of Mason City, said that Lindley had a job offer waiting and it would be better for him to be able to accept that job right away.

The judge declined the request by O’Mara that Lindley receive a deferred judgment on two of the counts.

Foy sentenced Lindley to up to 25 years in prison on one count of ongoing criminal conduct, a Class B felony. He suspended the entire prison term and placed Lindley on five years probation with the state Department of Corrections.

He also sentenced Lindley to up to 10 years, suspended, for one count of theft in the first degree, and up to five years each, all suspended, for charges of forgery, third-degree burglary and second-degree theft, plus various fees and surcharges.

On each of the charges Foy ordered Lindley to serve five years probation, with all the sentences to be served concurrently.

He also suspended the fines for each charge, but ordered Lindley to make restitution for all the thefts that had been charged, including those attributed to charges that had been dismissed and that he had not pleaded guilty to.

“I think a suspended sentence is appropriate,” Foy said. “I also believe it is appropriate to make restitution, and that definitely will be part of the court’s order.”

Ginbey said total restitution would be about $8,000 to $9,000, and she would send an updated list to the court.

As part of the plea agreement, the county attorney dismissed one count of forgery, two counts of identity theft, one count of first-degree theft, two counts of second-degree theft, one count of third-degree theft, one count of second-degree arson and one count of possessing a prescription drug without a prescription.