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Two plead guilty in local theft cases

by Justin Steck The Western News
| April 17, 2015 8:28 AM

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<p>Isaac William Macy</p>

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<p>Tyler Nicholas Davis</p>

Two Libby men pulled over in the early morning hours of Feb. 16 in a stolen 1999 white Ford Explorer were offered separate plea agreements by Lincoln County prosecutor Bernard Cassidy in District Court on Monday. The vehicle contained numerous items stolen from vehicles in the same neighborhood from which the Explorer was taken.

A third man allegedly involved in a rash of thefts from vehicles in the Libby area that plagued the community for months also made an appearance.

The agreement for Isaac William Macy, 18, calls for him to plead guilty to one count of theft by accountability, a felony violation. In return, the state will dismiss the charge of theft by accountability in a common scheme, which is also a felony.

Represented by Charles Sprinkle, Macy went before District Court Judge James Wheelis, who agreed to release Macy on his own recognizance until a sentencing hearing to be held on June 1.  

Wheelis will review a pre-sentence investigation conducted by Adult Probation and Parole before the sentence to determine whether or not he will agree to accept the plea deal.

Cassidy said Macy has no prior felony convictions.

Wheelis said while there is the obvious benefit of having one of the charges dropped, the drawback is if the terms of the agreement are broken, Macy could then be subject to the maximum penalty for the offense.

Also, if the plea deal is accepted, and if Macy complies with the terms of the agreement for the two years recommended by prosecution, he would be able to have the charges dismissed, but not completely expunged from his record.

Theft by accountability is a violation of Montana Code Annotated 45-6-301. For items worth in excess of $1,500 the charge carries a potential penalty of $50,000 and 10 years in prison.

While Macy answered Wheelis’ questions with “Yes, your honor,” and, “No, your honor,” Macy’s accused accomplice in the crime was asked to answer with more than just head motions in order for the court to have a record of his replies.

Macy’s housemate, 27-year-old Tyler Davis, was offered a plea agreement that would require him to accept guilt for one count of theft by accountability in a common scheme. Cassidy recommended a five-year sentence for Davis. His sentencing hearing was also set for June 1.

Davis’ lawyer, William Managhan, requested his client be released on his own recognizance if the state didn’t have any objections. Managhan said Davis has a wife with young children and would like to arrange things before he would be remanded to the Department of Corrections.

Cassidy objected to the request, citing Davis’ criminal history. Davis spent many of his previous years of life in Washington, where he had several of his eight prior felony convictions before his move to Montana not long ago.

The request for release was denied.

Another housemate of Macy and Davis, Zachary Trager, age 20, was also in the courtroom Monday. He entered a plea of not guilty and requested a jury trial for similar charges.

Unlike Macy and Davis, who wore orange jumpsuits, Trager was dressed in jeans and a black t-shirt with his black hair combed forward, nearly obscuring his eyes.

Acting on an anonymous tip, police performed a search of the three men’s residence on Feb. 26. Numerous stolen items were found during the search and police reported arresting several other individuals, but believed the three men were responsible for many of the car break-ins which have plagued the community in recent months.

Trager is charged with one count of theft by accountability, which carries a maximum penalty of 10 years in prison and a fine of $50,000.

An omnibus hearing was scheduled for May 18.