Shaw Sentenced on County Side-by-Side Theft

Tyler Kirby Shaw, who is in custody, appeared before Judge Thomas Stockard on Tuesday, August 20, for sentencing in the Tenth Judicial District.

On July 23Shaw pled guilty to (1) Attempt to Commit Possession of a Stolen Motor Vehicle, which is considered wobbler and may be sentenced as a gross misdemeanor, or Category D Felony, (2) Category C Felony of Possession of a Stolen Motor Vehicle, and (3) Category D Felony of Failure to Stop on the Signal of a Peace Officer.

"It's very unfortunate what we have here in front of you, Your Honor," said Senior Deputy District Attorney Chelsea Sanford. "What we have is a defendant who on two occasions has shown this community that he takes what does not belong to him."  Sanford expounded, stating the defendant favors motor vehicles and does not like to comply with law enforcement.

According to Sanford, Shaw stole a 2019 side-by-side from the Rafter 3C Center. Surveillance video shows that he went to the fairgrounds, started checking doors, and found keys to the ATVs. "He then takes a golf cart and rides into the sunset with it," said Sanford, who explained the vehicle was later found. When questioned, Shaw gave a false name to the officer, fled the scene, and was later arrested.

Sanford said the court previously granted Shaw the privilege of being released on his own recognizance (OR), with the court being very clear on the conditions of his release – abide by the law. Shaw did the exact opposite, and within a handful of hours, he stole a motorcycle and engaged with officers in a pursuit to evade. "He thumbed his nose at you, used controlled substances, put this community at risk, and did further crimes," Sanford stated.

Arguing against Drug Court, Sanford asserted that the program is for addicts. The defendant "is a criminal who may or may not use drugs." She concluded by stating that Shaw has shown that he is not amenable to supervision. Sanford requested restitution of $2,025 as the motorcycle was left in an irrigation ditch and is inoperable, which the county still holds as evidence.    

Raymond Arshenko Esq., defense attorney for Shaw, asked the court to grant probation with the condition of Drug Court, noting his minor criminal history, having been caught with pot at 18 and later received a DUI.

Shaw's family is "blown away by this," Arshenko said, "Shaw was a good mechanic and working hard at it. At some point, someone gave him the bright idea of pushing out a few more hours if he tries a little bit of meth." Arshenko explained it went downhill from there, with Shaw eventually losing control. According to Arshenko, Shaw's substance abuse evaluation concluded needs inpatient treatment.

Regarding the motorcycle, Arshenko said Shaw bought it on the street, paid cash for it, and later found out it was stolen. He was not involved in any organized theft, said Arshenko. He made the unwise decision to elude law enforcement. As for the side-by-side, it was "more of an impulsive, come across a vehicle that has the keys left in it, kinda thing."   

According to Arshenko, Shaw is economically productive when he is clean, and the structure of the Drug Court and inpatient treatment is needed.

The owner of the Honda VT 600 motorcycle told the court the bike was purchased on March 12, 2024, for $2,700, and he has the bill of sale. Law enforcement notified him that it had been stolen from his storage unit. Further, he was told it was inoperable and asked for restitution of $2,025.

On Count I, Attempt to Commit Possession of a Stolen Motor Vehicle, Judge Stockard sentenced the charge as a felony, sentencing Shaw to 12-36 months in prison. On Count II, Possession of a Stolen Motor Vehicle, Shaw received 19-48 months, and on Count III, he received 14-46 months, with all terms running consecutively.

Judge Stockard ordered restitution of $2,025 and the motorcycle to be released to the victim. He told Shaw that he appeared to have some skill sets that he could use. "You will get out of it [prison] exactly what you put into it," said Stockard. "Opportunity for drug treatment, get some job skills, sobriety …  – Good luck."   

Stockard remanded Shaw to the custody of the Churchill County Sheriff for imposition of the sentence.