Local burglar given probationary sentence

A 19-year-old Yaak man received a probationary sentence this week for his role in a series of break-ins and thefts from cabins in the fall and winter of 2013.

Zachary Mountain was initially charged last October with six counts of burglary and one count of attempted burglary, each of which carries a maximum penalty of 20 years in prison. In March, he pleaded guilty to an amended charge of felony theft by accountability, punishable by a sentence of up to 10 years.

On Monday, Mountain received a two-year deferred sentence and was ordered to pay $4,296.53 restitution to his victims.

 Under the terms of a deferred sentence, Mountain will have the opportunity to withdraw his plea and have the conviction removed from his record if he successfully completes probation.

An affidavit filed in support of the charges by Detective Dave Hall of the Lincoln County Sheriff’s Office indicates that Mountain became a suspect after a witness who discovered one of the break-ins reported seeing foot tracks in the snow leading from the burglarized cabin toward Mountain’s residence. The snow had melted by the time officers arrived to investigate, Hall reported.

Items stolen from the cabins included several firearms. In December 2013, a Winchester Model 94 .30/30 rifle that had been reported stolen was found listed for sale online by a Troy woman who told law enforcement officers she was selling it for Mountain. She said he had told her he had inherited the rifle.

A television that had been reported stolen in one of the burglaries was also recovered at the woman’s house; she and her husband told officers it had been a gift from Mountain. Another stolen rifle later recovered from a Troy man was also traced to Mountain.

The investigation of the case led officers to believe Mountain may have been accompanied in the burglaries by a friend from Minnesota who had been staying with Mountain and his family. No charges have been filed against the alleged accomplice, however.

During Monday’s court hearing, Mountain’s attorney, William Managhan, objected to the total amount of restitution requested by one of the victims, Cheri Javorsky. Managhan questioned the replacement value specified by Javorsky for a television set and a damaged door, and argued to have the restitution reduced by several hundred dollars.

Judge James Wheelis found Javorsky’s restitution request reasonable and ordered Mountain to pay the full amount.