By Lori Carlson, Editor 

Former Prior Lake Fire Chief Bruce Sames is guilty of two felony counts of theft “by temporary control,” charges slightly different from the original property theft charges he faced, according to an order filed this week by Scott County District Court Judge Michael Fahey.Sames

Sames originally was charged with two counts of property theft for stealing more than $13,000 from a fire department miscellaneous fund from January to December 2006. Fahey found Sames not guilty of those two charges because state attorneys could not prove beyond a reasonable doubt that Sames didn’t intend to repay the money he took.

In his order, Fahey wrote that “…from the time [then-fund treasurer Brian] Davis first discussed the defendant’s conduct with him in February 2006, Sames has consistently stated that he would repay the money he had taken. These continuous statements, combined with the repayment of some of the money taken over the course of 2006, create a reasonable doubt about whether Sames intended to permanently deprive the PLFD of the money or whether he merely intended to use the money for a temporary personal loan.”

Shortly after confronted by investigators, Sames repaid the stolen money – about $13,000 – still missing from the fund.

But the judge found Sames guilty of two amended felony charges, brought forth earlier this month by prosecuting attorneys, of theft by temporary control. State statute defines “temporary control” as an act with intent to exercise temporary control over the property owner (in this case the Prior Lake Fire Department) and in which the control “manifests an indifference to the rights of the owner.”

The two new charges carry the same penalties as the original charges. At his sentencing hearing July 18, Sames will face penalties of up to 10 years in prison or up to $20,000 in fines for each of the two counts of which he was convicted.

The judge dismissed a charge of embezzlement of public funds, saying Sames did not violate the statute because the fire department fund didn’t fit the definition of a public fund according to the state Constitution.

The Constitution defines “public funds” as those that involve taxpayer money. The fire department fund consisted solely of donated funds.

In addition, the judge denied Sames’ request for him to consider a lesser charge of misconduct of a public officer or employee, a gross misdemeanor. The judge wrote that the evidence against Sames justified the felony charges.

Sames waived his right to a jury trial earlier this month in favor of having his case heard by the judge. During court arguments on Feb. 27 and 28, several witnesses, including Prior Lake Councilman Chad LeMair and Jordan Fire Chief Steve Kochlin, testified on Sames’ behalf.

After two days of court testimony, both sides agreed to conduct closing arguments via letter brief.

Neil Nelson, the state’s attorney, argued that Sames did not pay the money back until questioned by law enforcement officers.

“Those actions manifest his operative intent,” Nelson wrote in a written argument in the case. “His words to Mr. Davis that he would repay the account do not negate the reality, do not negate the offense.”

Sames’ attorney, Michael W. McDonald, argued that Sames “was not indifferent to the rights of the owner.

“He was repaying the loan and even before the investigation commenced, despite having borrowed about $27,000, had repaid more than $14,000,” McDonald argued. “And once the investigation commenced, the entire outstanding balance had been repaid.”

 Lori Carlson can be reached at (952) 345-6378 or editor@plamerican.com.