Judge imprisons Oldtown man for pharmacy heist Posted: Tuesday, Apr 03, 2007 - 12:41:56 pm PDT By KEITH KINNAIRD News editor
Ochoa could spend up to 15 years behind bars
SANDPOINT -- An Oldtown man who admitted burglarizing a Sandpoint pharmacy and stealing thousands of prescription pills was sentenced Friday to up to 15 years in prison.
District Judge Lansing Haynes ordered Brandon Lewis Ochoa to serve at least five years before becoming eligible for probation. Restitution is pending, although it could top $15,000, according to Bonner County Deputy Prosecutor Jim Stow.
Ochoa, 29, pleaded guilty to breaking into the White Cross Pharmacy on April 3, 2006, and possessing some 12,000 doses of painkillers and other medications taken during the heist. He also admitted burglarizing a motel room a week or so before the White Cross rip-off.
In exchange for pleading guilty to two counts of burglary and one count of grand theft by possession, three other felony charges were dismissed. Those charges included possessing the stolen narcotics with the intent of selling them, and possessing a stolen credit card and methamphetamine.
Ochoa's mother and sister urged the court for leniency, saying his criminal record provides a one-dimensional view of who he is as a person and that his conduct tended to hurt himself rather than others.
They also said Ochoa lacked a positive male role model growing up and struggled with drug dependence for years.
"He's never really gotten the chance to get some real serious help," said Ochoa's mother, Jennifer Dial.
Stow disagreed, pointing out that Ochoa has been in and out of Idaho's drug court program and the state's retained jurisdiction program. Stow also took issue with the victimless slant to Ochoa's misdeeds.
The prescription medications, including the notoriously addictive painkiller OxyContin, were destined to be sold on the black market instead of to people who were taking them under a doctor's supervision.
"The crimes of theft here are a danger to the public at large," said Stow, who recommended a trio of concurrent 10- to 15-year prison sentences.
Ochoa's defense attorney, Peter Jones, lobbied for sentences of 1-3 years, emphasizing that Ochoa has been forthright with authorities about the burglaries and his drug problems.
"Here's a guy who genuinely wants to make himself better," Jones said. "My concern is I don't think Brandon has really been held to the fire for his substance abuse."
Haynes said he harbored no doubt that Ochoa was at heart a good person, but added that he had no choice but to consider his criminal past. Ochoa, whose record is studded with theft and burglary charges, had been out of prison for less than five months when he committed the White Cross break-in.
"I'm concerned with the fact that you were out of prison a few months before these crimes were committed," said Haynes, who opted for concurrent 5- to 15-year sentences on the three charges.
Ochoa was sentenced as a persistent violator due to burglary convictions in Benewah County in 1996 and 2002.
Jessica Norton wrote on Apr 4, 2007 6:06 PM:
" I'm Brandons Sister the one the paper speaks of and one thing i would like to say is that in this story they say the pills were to be sold on the black market...first things first Brandon knows alot of things but selling stuff on the black market is not one of them...if the person writeing this article knew what they were talking about they would of talked to brandon and known that he did not intend to sell the pills infact he was so scared of haveing them four days later he got caught with them in his hotel room. the same place he started at. he had an addiction and hell for all we know he would of sat on the pills and took them all because they would give him a good high...and that is the real problem with Brandon HES A DRUG ADDICT....and thats why he is where hes at. "
RAR wrote on Apr 3, 2007 7:19 PM:
" He should have shot a moose or did a drive by on his way to the robbery, then he would have only got a slap on the wrist... "
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Jessica Norton wrote on Apr 4, 2007 6:06 PM: