Idaho v. Schiermeier
Annotate this CaseChad Schiermeier was convicted by jury of grand theft. DARE/PAL was a non-profit organized “to foster, promote, encourage and increase the knowledge, and understanding of alcohol and drug addictions or related problems.” To further its purpose, DARE/PAL offered outdoor-related group activities during the summer months to children between the ages of nine and sixteen. Some of the activities included hiking, golfing, fishing, rafting, and attending baseball games. The activities were primarily funded by the Blaine County Idaho Sheriff’s Office through drug forfeiture funds and by local philanthropists through donations and grants. Schiermeier was a deputy sheriff for the Blaine County Sheriff’s Office from 1999 to 2015, serving as a middle school resource officer and the director of DARE/PAL; he was appointed as manager of the program in 2002. Following Schiermeier’s appointment as manager, the board slowly became inactive, neglecting its duties and entrusting Schiermeier to handle all things related to DARE/PAL. In July 2015, a charitable group called 100 Men Who Care donated approximately $5,100 to DARE/PAL. Shortly thereafter, the group followed up with Schiermeier’s supervisor, Lieutenant Carpita, to see how their donation had been spent. Carpita in turn asked Schiermeier. Several months went by with vague responses, if any, from Schiermeier. Finally, in November 2015, after more than three months of requests and meetings, Schiermeier provided Carpita with the requested DARE/PAL bank records. After reviewing the records, Carpita became suspicious after he noticed “a lot of cash withdrawals through the ATM . . . during times when the PAL activities were not going on.” Consequently, Carpita decided to have the matter independently investigated by the Idaho State Police. The bank records revealed that from 2009 to 2015, Schiermeier made several extravagant purchases of high-end outdoor equipment and clothing. Following the independent investigation by the Idaho State Police, the State charged Schiermeier with one count of grand theft. Schiermeier appealed his judgment of conviction, arguing the State did not prove the elements of grand theft beyond a reasonable doubt. Schiermeier also argued the district court abused its discretion by imposing an excessive sentence. Finding no reversible error, the Idaho Supreme Court affirmed.
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