Former Cd'A builder accepts plea deal on fraud charge

COEUR d'ALENE - A one-time Coeur d'Alene area builder arrested in 2008 and charged with three counts of felony grand theft by deception for allegedly taking money for contracting jobs and skipping the work, accepted a plea agreement with prosecutors Wednesday.

Myck Tyrone Beard, 43, appeared before District Court Judge Benjamin Simpson at the Kootenai County Courthouse and entered an Alford plea to a single count of grand theft by deception. The plea must still be accepted by the judge, said defense attorney Brian Long, of Coeur d'Alene, who represents Beard.

The three counts were consolidated to one as part of the agreement. By entering an Alford plea Beard doesn't admit guilt, but acknowledges there is enough evidence that he might be convicted if the case proceeded through trial.

"He doesn't want to risk going to jury trial," Long said.

The prosecution and defense agreed to recommend a withheld judgment and supervised probation to the court. The length of both will be decided by the court at the April 23 sentencing hearing, said Ann Wick, Kootenai County deputy prosecutor.

Beard, who is currently living in Nevada, is not in custody. Long declined to say what city Beard is living in.

Long said they decided to accept a plea deal because the case has been going on for several years and Beard wants to put the case behind him.

He said the withheld judgment would keep the conviction off Beard's criminal record if he complies with all the terms the judge might impose during sentencing.

As part of the agreement, Beard agrees to pay more than $115,000 in combined damages to five victims, said Wick. Beard will make payments of at least $100 each month toward the damages.

The damages would be paid to the court and turned over to Elizabeth Wells, Daniel Davis, James Burkett, Donald Watson and Page Lewis. Watson is due the most, at $60,000, according to the plea agreement documents.

Kootenai County Prosecutor Barry McHugh said the agreement guarantees Beard will be held accountable for all the same conduct that he was charged with in the original three counts. However, it also provides for damages to two additional victims who might not have received them otherwise, he said.

"Proving fraud at trail can be difficult at times when we're talking about proving the intent to defraud in a case involving a building contractor," McHugh said.

In 2007, Lake City Builders Inc., Beard's business here, declared bankruptcy, leaving about $500,000 in outstanding debts to 44 area creditors.