LETTER: Attorney clarifies case

A letter to the editor from Lance Davis of Brainerd, Minn., appeared in last Sunday's Press. I am writing to clarify what happened with regard to the investigation.

I became aware of Mr. Davis's frustration before the letter was printed in The Press. I had my Criminal Chief, Barry Black, contact Mr. Davis to talk. Mr. Black discussed the case with Mr. Davis and explained that a necessary element of the alleged crime, the intent to permanently deprive the owner of the property, could not be proven.

After a lengthy conversation, Mr. Davis acknowledged the problem with criminally prosecuting the case in Idaho, and thanked Mr. Black for the extra time taken to fully explain the reasons why the case was declined. While Mr. Davis's letter certainly expressed his frustration when written, I do not believe it reflects his current thoughts on the decision to decline prosecution.

The case referenced by Mr. Davis involves a 1987 moving van/truck which Mr. Davis, who lives in Minnesota, gave or loaned to his father, who lived in Idaho, in November 2009. Mr. Davis's father kept the truck in Idaho for approximately one year before he passed away due to an accident. After the death of Mr. Davis' father, Ms. Davis, the stepmother of Lance Davis, decided to move back to Colorado to live with her sister and brother-in-law, Mr. Rawlings. Mr. Rawlings came to Idaho and assisted in the move, including driving the loaded moving van/truck to Colorado.

A phone call took place sometime after the move in which Mr. Davis claims that Mr. Rawlings said that he was going to keep the truck due to money being owed to him by Mr. Davis' father. Mr. Rawlings claims that he told Mr. Davis the truck was only used to move Ms. Davis to Colorado, that he did not know the truck belonged to Mr. Davis, and that Mr. Davis could come and pick it up. The handling detective confirmed with Mr. Davis that he had actually given permission to his stepmother to use the truck to move, but indicated that he was under the impression that she was moving to Minnesota.

After the phone call with Mr. Rawlings, Mr. Davis filed a Stolen Vehicle Report with the Kootenai County Sheriff's Department, identifying Mr. Rawlings as the suspect. The detectives contacted Mr. Rawlings who fully cooperated in turning the vehicle over to the local authorities in Colorado. Law enforcement indicated that the truck was in good condition and was subsequently returned to Mr. Davis.

Ultimately it was determined that there was no evidence that Mr. Rawlings intended to deprive Mr. Davis of the truck at the time he drove it from Idaho, and no evidence that Mr. Rawlings attempted to sell, dispose or conceal the truck. A great deal of time and energy were expended by the Kootenai County Sheriff's Department, law enforcement in Colorado, and the Kootenai County Prosecutor's Office in the investigation and handling of this case, and all were in agreement that the circumstances of this case would not support criminal charges.

BARRY McHUGH

Kootenai County Prosecuting Attorney