CLINTON — A Clinton man has been granted a deferred judgement for a felony theft charge.
Dalton K. Davison, 19, 413 N. 13th St., appeared Thursday in Clinton County District Court for sentencing for second-degree theft, a Class D felony.
The plea agreement reached between the parties says the State agrees to recommend a suspended sentence, a fine and the payment of restitution. Assistant Clinton County Attorney Ross Barlow requested the court order Davison to pay victim restitution in the amount of $5,227.05 to Home Depot, 1850 Lincoln Way.
Defense attorney Sarah Oldsen requested the court defer judgement. She stated Davison is a young man with no criminal history who was facing financial difficulty and made the wrong decision. She stated he has a stable family and plans to enroll at the University of Iowa in the fall. She requested the court order probation be unsupervised but stated Davison would also be agreeable to supervised probation, if ordered by the court. Davison acknowledged everything he did was wrong and stated he wanted to move forward in his life.
District Court Judge Joel Barrows granted Davison a deferred judgement. He placed Davison on probation for two years unless sooner released. He ordered probation to be supervised. A $750 civil penalty was suspended. Davison was ordered to pay $5,227.05 in victim restitution to Home Depot. Barrows ordered Davison to undergo a substance abuse evaluation and follow through with any recommended treatment. He additionally must abstain from controlled substances and alcohol and maintain employment. Barrows, in granting the deferred judgement, cited Davison's age, lack of criminal history, the recommendation of the pre-sentence investigation report and the agreement of the parties.
According to the affidavit, on Aug. 23, a Home Depot representative reported the theft of cash by Davison, an employee, through fraudulent returns. The representative provided receipts and video surveillance to the Clinton Police Department that the representative said showed fraudulent returns completed by Davison. The total cash taken, according to the provided receipts, was $5,642,40.
The affidavit states that on Aug. 23 a recorded interview was conducted with Davison at the Clinton Police Department. Davison admitted to taking money from Home Depot through fraudulent returns. Davison explained in detail how he would process a fraudulent return and take money out of the cash register.