"It's a big, ugly, vicious spiral"
Prosecutors say they will build a strong felony case against a 29-year-old repeat offender with a decade-long history of evading prolonged prison time.
Last week, Kim Jack Douglas Trost, of Red Oak, was convicted on three misdemeanors –– including trespassing, public intoxication and disorderly conduct. He was sentenced to 60 days in the Montgomery County Jail for those crimes. Later this summer Trost will answer to class D felony charges for burglary/theft on charges he was in possession of stolen jewelry in May.
A Montgomery County judge raised his cash bond from $5,000 to $10,000. That means Trost will likely remain in jail until his felony case goes to trial in July.
Over the last 10 years Trost has bounced in and out of the county jail on petty misdemeanor charges. “He’d go from burglary, to driving offenses, to disorderly, contempt of court... several thefts,” said Jon Spunaugle, first-deputy last week.
“I don’t know that keeping the jail full with repeat offenders is the answer,” said Montgomery County Attorney Bruce Swanson. “This felony charge is a good case that will be pursued. The police did a great job. Law enforcement and the judicial system are doing everything they can with the resources available.”
Swanson told the Red Oak Express he would build a strong felony case against Trost, which could slow the judicial cycle of capture and release. Prosecutors must prove a defendant is guilty beyond a reasonable doubt, and Swanson says he doesn’t waste resources prosecuting a case he can’t prove. He seemed confident his case against Trost was tight.
“There is no posture in me with this particular gentleman to be motivated to give him some sort of a lesser deal or lesser charge, as is often the case with many first time offenders,” Swanson said.
If convicted, Trost could serve a maximum of 10 years in prison, although Swanson indicated Trost could likely be released earlier for “good behavior.”
“The average stay on a property crime is 18 months to two years,” he said. “It sounds crazy, but he’s always been respectful. Even if he gets the maximum time, he has to get out sometime. He’ll be back on the streets someday.”
MAKING OF A CRIMINAL:
Kim Jack Douglas Trost
Age: 29
Trost has been arrested 43 times for petty crimes in the last 11 years, averaged 50 days in jail for each of the last five years. Served a cumulative 18 months in the Montgomery County Jail.
“We’re all a product of our genetics and our environment,” said Swanson. “He’s just never really had any parental guidance.”
Swanson said that most people make mistakes –– however, most people learn from those mistakes.
“A guy goes out and gets drunk, falls down, falls asleep, gets up, gets arrested, pleads guilty and pays the fine,” Swanson said. “He’s humiliated, he’s embarrassed and motivated to never, ever, ever do it again. And it is that way for most people.”
Swanson said the convicted criminal isn’t lacking in brains –– just sense –– and that’s one reason why he’s one of Red Oak’s most persistent offenders.
But Swanson made it clear that this felony case is serious business and that’s how they are treating it. Trost’s days of immediate release may be over –– for awhile.
SIDEBAR:
On May 27 the judge deemed the felony case to have probable cause.
June 15 - arraignment.
July 13 – pre-trial conference in which Trost will enter his plea.
July 28 – trial before the court
If Trost is convicted or pleads guilty the judge has an obligation to order a pre-sentence investigation. A thorough, deep background check. Dirk Lucy, the local probation officer will then go out and conduct interviews with everyone important in his life. Then he will do a records check, a ‘national crime index’ check and a Dot check. Then all of the information will be weighed in his sentencing judgment.