Keith A. Birdwell watches as the judge decides how much time to give his wife after his own sentencing this afternoon in Lewis County Superior Court.
Updated
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – He clearly didn’t like it, but a judge agreed today to give Keith A. Birdwell one year of house arrest so he could work and pay back $1 million to a local bank.
Lewis County Superior Court Judge James Lawler was told by attorneys on the case that Security State Bank was on board with their deal that in exchange for a $100,000 downpayment on his restitution, the former used car dealer could avoid a lengthy prison term for his conviction on first-degree theft and three counts of felony unlawful issuance of a bank check.
Lewis County Deputy Prosecutor Eric Eisenberg suggested the alternative of Birdwell sitting in prison and being ordered to pay back what he owes at $25 a month meant the bank would not likely get back much of its money.
Lawler called it a dilemma and said he didn’t want to victimize the Centralia-based financial institution again.
“The bank is making a business decision, they’re the ones that are the victims in this,” Lawler said. “It’s because of their participation, I’m going to follow the agreed recommendation, but I’m not happy about it.”
Birdwell, 48, and his wife were charged early last year with theft, for using various deceptions to dodge repaying what they borrowed for the vehicles at Birdwell Auto Sales in Centralia and their lot in Lacey. Both businesses are now closed.
He pleaded guilty this past spring. The deals were tied together. Lorinne D. Birdwell made a so-called Alford plea – not admitting guilt – last month, to attempted second-degree theft, a gross misdemeanor.
Tacoma-based defense attorney Keith McFie had told the judge he just today got a check for half of the $100,000 and didn’t say from who, but said the lender conditioned the money on Keith Birdwell being able to work.
The benches behind the defense table were crowded with apparent supporters of the Toledo couple.
Keith Birdwell stood when he addressed the court and apologized.
He said he’d never experienced the economy change so quickly and the that the value of the vehicles he offered for sale dropped rapidly. Rather than humble himself and admit troubles, he took advantage of his bank’s trust, he said.
“I used money to pay off vehicles already sold, I wrote checks before I had money in the bank,” he said. “I take full responsibility.”
Keith Birdwell noted he also lost $400,000 of his own money he’d put into the business over the years.
His lawyer told the judge he thought his client believed in himself too much, and now knows he ought to have shut down operations sooner.
“He ended up with inventory he couldn’t sell at the value of the flooring loans,” McFie said. “That’s when the desperation set in.”
Court documents described the flooring loans from the bank as like a line of credit, allowing the Birdwells to stock their dealership while maintaining capital to acquire new vehicles; they promised in their contract to notify the bank and pay off each loan within 10 days of selling the vehicle.
The troubles came to a head in July 2012 when a bank employee discovered 21 vehicles were unaccounted for, according to court documents.
Keith Birdwell is currently working three jobs and the details of how he will pay off the rest of the $1,005,779.65, McFie said he didn’t know; except he had anticipated the court might put his client under some sort of supervision.
His specific sentence is 364 days on electronic home monitoring, which must begin by Aug. 26.
Because Keith Birdwell also pleaded to the aggravating factors that the actions were major economic offenses with a high degree of sophistication, Judge Lawler was free to impose a penalty of up to 10 years in prison if he chose.
Lawler warned Birdwell if he missed his deadline, he would sit in jail the entire 364 days.
Before the hour-long hearing was over, Lorinne Birdwell took her turn at the defense table.
Eisenberg told the judge he recommended the same 364 days, as it was his and the bank’s position she was equally culpable, although as far as restitution, she would be jointly liable for only about $840,000 of the total.
“My understanding of the evidence was Mrs. Birdwell was the person in charge to contact the bank and let them know when a vehicle was sold,” he said. “There are indications of occasions when she didn’t do that.”
Seattle defense attorney Allen M. Ressler argued that would be a mistake, as the state allowed her to plead to a far lesser charge and the notion she was an equal participant was without any support in the evidence. He asked for 30 days of house arrest.
Lawler said he agreed with some of his logic, and imposed 90 days on electronic home monitoring. But the rest of her 364 sentence was suspended, essentially hanging over her head for two years, he said.
“You heard everything I said to your husband,” Lawler told her. “The same things apply to you.”
The judge set a review date of Nov. 7, to make sure the attempt to pay restitution have not been blown off, and addressed Lorinne Birdwell once again.
“You’re the one who could be sitting back in jail,” he said.
•••
For background, read “Centralia used car business theft defendants get a break” from Thursday July 3, 2014, here
Tags: By Sharyn L. Decker, news reporter
“I myself agree with most liberatarian ideas, except of course privatizing social security which you would think liberatarians would have learned in 2008 when people lost their asses on their 401k’s that privatization is a very bad idea.”
I agree, sicofit. I much prefer the publicly-funded version of Social Security, which is supposed to run out in less than 20 years. None of us could’ve invested our own money toward a better outcome than that, since our government is so much smarter than any of us stupid individuals.
Thank heavens Ron Green is too stupid to vote or we’d all be in trouble.
Ron Green is a liberatarian, which is nearly a republican, and I myself agree with most liberatarian ideas, except of course privatizing social security which you would think liberatarians would have learned in 2008 when people lost their asses on their 401k’s that privatization is a very bad idea. Unfortunately ron green also seems, like rebulican logger, to have really simple and stupid answers to people problems. Theives are the same as molesters, hmmm, maybe you should be stolen and used by some disgusting dude who only cares about relieving his hardon and using you to do it. Then after you get home and try to shower him off for a few days , have someone steal something from your car or house. You are an idiot if you think they are the same. Def a man idiot
>>>Steal a million dollars but promise to repay it??
good idea ))
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So MadThumb and Stay in the woods are okay with molesters, drug dealers and thieves doing what they do in our (your) county and home towns. Let’s get one thing straight, I am not a republican, democrat or a tea party person. Here’s an idea Stay in the Woods, respect others opinions, you don’t have to agree, argue all you want but respect other opinions. Let’s set the record straight, you can’t be come back from being a molester, period. It’s a line that can’t be crossed and you can’t be fixed. Drug dealers, they provide a product that kills, doesn’t take much of a leap on my part to see them pay a steep price for their choices. Thieves, really? Had your property ripped off lately? I got an idea, if removing body parts freaks society out let just take the thieves and go old school, chain gang them and have em clean ditches or do work crews for a couple years. My opinions only and yes, I’ve lost patience and sympathy for molesters, drug dealers and thieves and tweakers.
It is liberal coddlers like you that encourage this kind of activity. I work too hard for what I have and the only good thief is a dead thief.
I wish I was as smart as Republicant Logger.
Republican Logger, you are just like all the other idiot republicans that value the dollar more than human life. Stealing is the same as molestation? Wow, you’re a new kind of tea-party lunatic.
You see, Ron Green proves that America and totalitarian regimes like Iran are not too different after all.
MadThumb, it is you who have lost your moral compass my friend. Please explain to me how it is that any person who molests a child should be allowed to live, do you really think that someone who commits such an act is fixable? How about dopers as you put it, shouldn’t someone who sells that poison to people be forced to pay the ultimate penalty? Have you ever lost a close friend or family member to dope? While we are at it let address thieves too. In reality a stiff penalty like lopping off a hand just might detour some from deciding to steal from others. You make it sound okay to commit these crimes, like it is forgivable? You need to have a moral compass tune up pal….
Someone who steals something and someone who molests a child are on two different levels my friend.
In places like Iran, thieves have their hands cut off and drug users and child molesters are executed outright.
Only in America do we have wingnuts that advocate for the execution of not only the dopers and molestors, but for the thieves as well!!!
America has lost its moral compass.
A thief is just as low as a molester. He should have gotten a year for each member of Security State Bank. Another fail of the justice system.
Plea deals and deals with the victims consent are made every day. The victim in this case was the bank. They want to be repaid for their loss. With him in prison they don’t get repaid. They, the bank have the “right” so to speak to agree to the deal. If the Bank had said no, he would probably be headed off to prison. This is quite common in particular when the victim is an institution and not a person. The bank believes he has the ability to repay what he stole….this is their call not society’s.
Makes me sick, I’m sure his mommy and daddy are the ones repaying the bank. The courts should be ashamed.
This story saddens me deeply. I spent a lot of time with this family growing up and went to school with Keith. They are wonderful people and this is not how Keith was raised. I hope he is truly repentant and is able to put all of his efforts into making some good come out of this for his family and community.
Steal a million dollars but promise to repay it?? Hahahaha.
OK, let me get this-the banks can make a determination as to what kind of sentence a person gets-wow, now that a lot of political clout