Gust gets withheld judgment for grand theft of funds

BONNERS FERRY — On April 19 Shawna Gust, 43, appeared before the District Court in Bonners Ferry to learn her fate in the conclusion of a Grand Theft case.

The state was represented by Deputy Prosecutor Tevis Hull and Gust appeared with her lawyer, David Lohman, of Coeur d’ Alene.

The Well-Life Pharmacy in Bonners Ferry reported a theft to the Bonners Ferry Police Department on April 17, 2012.

Jeff Foster, owner of the pharmacy, told the police that an ex-employee, identified as Shawna Gust, had embezzled about $56,676.95 when she was the bookkeeper for Well-Life.

Foster told the police the theft happened between October 2008 and March 20, 2011.

The police interviewed Gust at the local police station. She admitted to stealing from the Fosters while employed to do the store’s books. She did not believe she took that much, however.

Gust was then charged with grand theft, a violation of Idaho Code section 18-2403 (1) and 18-2407 (1) (b). In Idaho, that type of theft is a felony and is punishable by up to one to fourteen years and a fine of up to $5,000.

On Jan. 8, Gust pled guilty to one count of grand theft.

Gust had no prior felonies and her only criminal case found by the state in the records was a 1994 fine for $64.50 for having dogs that were declared a nuisance.

In her statement to the pre-sentence interviewer for her pre-sentence report, Gust claimed, “I feel awful now and I felt awful when it was happening! I sincerely apologize. I know this is no condolences, what I did was so wrong, but at the time I did not know any other way to survive and provide a safe, secure home for my children.”

On Feb. 20 Gust was interviewed by the pre-sentence investigator at the Probation and Parole Office in Coeur d’ Alene.

The investigator wrote in the report that Gust appeared to be “forthright and truthful” in her responses to him. He claimed she appeared “very remorseful and ashamed of her actions.”

Gust admitted to the investigator that she had taken money from Well-Life Pharmacy on numerous occasions.

The pre-sentence investigator recommended that Gust be placed on supervised probation with local jail time only.

The District Court sentenced her to a withheld judgment, withholding judgment for five years. She was ordered to pay various mandated fees and also ordered to make restitution to the Fosters for $56,676.95.

In addition, the court sentenced Gust to serve 90 days in the Boundary County Jail. She was given work release privileges to protect her job.

Gust was also ordered to serve 100 hours of community service.

Tevis Hull, for the state, recommended five years in prison, with one year fixed and four years indeterminate.

Boundary County Prosecuting Attorney Jack Douglas said he believed a prison sentence, as recommended by the deputy prosecutor, would have been appropriate.

“Every time Shawna Gust took money from the till, she violated the trust the Fosters placed in her.

By her own account in the pre-sentence report, Gust got to where she was taking money basically every day for about two years. Every time she had to make the decision within herself to be dishonest and let her employer down. They trusted her with their money, and she stole for her own selfish ends. It was a terrible betrayal.”

—Submitted by Boundary County Prosecuting Attorney Jack Douglas