by Jeremy Hunt
Daily Lobo
A little more than a year after authorities were tipped off about a theft ring at the UNM Bookstore, the case is almost closed.
Ten students were indicted; two of them have been sentenced to conditional probation, seven were deferred to pre-prosecution probation and one awaits sentencing, said Chris Schultz, assistant district attorney.
The students were indicted on charges relating to taking textbooks and merchandise from the Bookstore and either using or reselling the items over a two-year period, according to court records.
Get content from The Daily Lobo delivered to your inbox
Since then, the Bookstore has heightened security, said Melanie Sparks, director of the Bookstore.
"We definitely have new policies and procedures," she said, but declined to give further detail.
The students were indicted as co-defendants on the same case.
William Swink is scheduled for sentencing on Sept. 11, according to court records.
He is charged with embezzlement over $20,000 and conspiracy to commit a crime, the records state.
Christopher Dencklau and Richard Dencklau pleaded guilty to embezzlement over $20,000, the records state.
Swink and the Dencklau brothers are considered the top offenders, Schultz said.
The seven other students were charged with crimes ranging from misdemeanor larceny to felony embezzlement, court records show.
They were not sentenced because they were put on pre-prosecution probation, a program that tries to rehabilitate offenders who are unlikely to re-offend, Schultz said.
"I think it's quite low in this case," he said. "If they successfully complete it, it stays off their record."
There are several factors to determine eligibility for pre-prosecution probation, including age, criminal history and whether it was a violent crime, he said.
The Dencklau brothers were sentenced to a similar program.
They could have been sentenced up to 16 years in prison.
If the students successfully complete the probation period, they can tell employers they weren't convicted of a crime, he said.
"Our office has taken the position that some people deserve a second chance, not everybody does," he said. "The fact that they were indicted will always be a part of their record."
Schultz said all the students must pay a total of $26,000 in restitution to UNM. The higher the level of involvement, the more each student has to pay, said Randy Boeglin, dean of students.
Some of the students have already paid their portion of that, Schultz said.
It is good the students will pay the $26,000, although they probably got away with more than that between textbooks and merchandise, Boeglin said.
"My innate sense tells me it's greater than that," he said.
Boeglin had previously estimated textbook losses at about $50,000.
Former acting president David Harris estimated it was about $100,000 last September.
The amount the district attorney set for restitution was based on records from UNM Police, Schultz said.
UNM Police were able to confirm $26,000 in losses from transaction records and receipts, said Lt. Pat Davis, spokesman for the department.
There may have been more losses that could not be confirmed, Davis said.
"We're confident that everybody that was involved in this case was identified and dealt with," he said.
The 10 students, along with seven other students, were charged with violating the UNM Code of Conduct, Boeglin said.
The University's punishments ranged from warnings to multiple-semester suspensions, he said.
He would not identify the students or their punishments.
"The punishments were commensurate with the level of involvement," he said. "You had to determine at some degree who was the most involved."
Boeglin said the students' Robin Hood-like behavior was a sad moment in UNM's history.
"From an ethical point of view, I could not accept the high cost of textbooks gives one the right to act dishonestly," he said. "This, I would safely say, is the most egregious case of student theft I've ever seen."
According to court records, the following students were indicted but opted to receive pre-prosecution probation:
Shyla Briney was charged with embezzlement and conspiracy to embezzle between $500 and $2,500.
Steven Ollason was charged with receiving stolen property and conspiracy to receive stolen property valued between $250 and $2,500.
Joseph Bock was charged with receiving stolen property and conspiracy to receive stolen property valued between $250 and $2,500.
Neil Garver was charged with receiving stolen property and conspiracy to receive stolen property valued between $250 and $2,500.
Joel Bixler was charged with receiving / disposing of stolen property and conspiracy to receive stolen property valued between $250 and $2,500.
Charles Funnell was charged with receiving stolen property valued between $100 and $250.
Jordan Messic was listed as a co-defendant on the district court's Web site. However, no records could be found for that name.
