Willey Takes Alford Plea
On September 10 Sara Willey took an ‘Alford Plea’ in a plea deal to eight counts of petty theft that stemmed from her dealings with her former business, Cuddy Mountain Custom and Specialty Meats, LLC. An Alford Plea is a type of guilty plea that a defendant can take in the state of Idaho because they ‘believe it advantageous to accept a plea deal irrespective of (their) view of the facts underlying the charges because of the possibility that (they) could be found guilty at trial’ according to Willey’s plea agreement dated September 10.
For six of the counts, Willey was sentenced to one year of jail each with 364 days being suspended and credit for one day time served for each count. She received a 180 day sentence with 179 days suspended and credit for one day served each for counts seven and eight. Willey also received one year of probation for each count. Willey can avoid jail if she doesn’t break the law and she can avoid lengthy probation if she pays restitution.
In addition to pleading guilty, Willey was also ordered to pay restitution to 13 victims listed in the plea deal totaling over $80,000. The terms of her probation require her to stay current on the restitution payments or face the suspended jail time. Restitution amounts range from $1,000 to over $22,000 for one victim.
In regards to Willey’s felony case, Adams County Prosecuting Attorney Peter Donovan stated that “in exchange for the result that was reached . . . , the state has filed a motion to dismiss” the felony case.
Donovan went on to state that “Numerous factors contributed to the plea bargain that was reached in this case. The most significant factor, as I told the court, was my duty and wish to protect the people in our community who were victimized by the criminal conduct at hand. An agreement guaranteeing immediate issuance of restitution orders for those people had major advantages over the alternative: further potentially unpredictable proceedings that could drag on for months or even years while witnesses’ memories fade, other evidence becomes stale, and financial injuries compound. The decision to reach a negotiated resolution also guaranteed that the agreed-upon claims would be treated equally, eliminating the possibility that the defense could pit the victims’ interests against one another in a contested hearing.”
When asked if this plea deal serves the community and justice, Donovan responded saying “I believe that it does. The sheriff’s office and my office both worked long and hard on this case, and we kept the pursuit of justice for the community firmly in mind at every step we took. No decision about this case was made lightly, and I hope that its conclusion will serve the community as intended.”
Willey was invited to submit a statement but has not responded. The following is a transcription of her comment from her court hearing on September 10:
“...wanted to say that the majority of the ones (victims) some of them are really good friends ... I was doing what my attorney advised me to do and tried not to file bankruptcy because I was in a civil lawsuit for the building (202 Illinois) and we were hopeful that that mediation was going to go successful. It came eight days prior to all this that happened back in ... March. And it wasn’t successful. So I was trying not to file (bankruptcy).
I’m just sorry. There are some people listed on this restitution that have absolutely made my life hell, has harassed me, has violated human rights that have been validated by attorneys - 8 of them actually. It makes me sick to my stomach on some of these people listed on this (restitution order) but to put this behind me. Just for the ones that were involved in the bankruptcy I really didn’t want that, but I didn’t have a choice. I’m truly sorry. Glad I can take them out of the bankruptcy to pay them back.
