Second Sears thief sentenced in Rexburg

(Courtesy Rexburg Standard Journal)

REXBURG —Sherri Fullmer, the owner of Sears in Rexburg, appeared in court again for the sentencing of the second Sears employee charged with stealing from her.

Fullmer read another victim impact statement that outlined her history with Brady Clements, 22, who had worked with her for nearly three years. Clements was one of the employees Fullmer retained when she had resumed ownership of Sears after the previous owner failed to meet his obligations.

She told the court in her statement she even took him back after he’d been fired from another job. She said when her store began experiencing shortages, although she had initial suspicions, she didn’t want to believe it was from theft.

“I feared I was being stolen from, and yet did not want to believe it. I would frequently mention it to the defendant, how I had to pay out of pocket to cover these shortages, thinking that would deter him further, but instead he became bolder and the shortages more frequent,” Fullmer said.

In one instance, Fullmer told the court that she and her husband returned from Salt Lake City and lost $400.25 in a single weekend. She said Brady asked her what was wrong and she told him about the loss of money.

She said he replied, “No one would ever steal from you. You’re too good to us.”

“Both Cameron and Brady were well aware that I could lose the store from the losses I suffered, and yet there was no concern on their part for such an outcome, and it is troubling to think that they may be void of any conscience,” Fullmer said.

According to the police report the investigation began when Fullmer reported cash and inventory shortages that she believed were a result of internal theft to the Rexburg Police Department.

Fullmer discovered nearly a $5,913 shortage between May 2013 and Sept. 24 2014, when the thefts allegedly occurred.

Clements and another Sears employee, Cameron Brian Hadlock, were further suspected when police examined documentation for both employees and discovered the cash shortages occurred on the days they were working.

Hidden video equipment also caught Clements taking what appeared to be bills of unknown value from the register and placing them in his pocket.

Clements eventually admitted to police what he stole and returned several items, according to the report.

According to the police report of the theft, he stole a number of items, including two Husqvarna chain saws, tools, tool sets, torchlight set, a shop vacuum, several other miscellaneous Craftsman brand items and money.

Clements also claimed in the police report that he stole nearly $1,500 in irregular amounts at different times.

He said he paid $250 back to the register in small amounts over several months.

Clements also told police that he hid a 32” TV in a van because it was older inventory and he was waiting to purchase it at a reduced price.

Fullmer ended her statement by telling the court that she was tired and simply wanted to see justice done.

“I am tired, your honor, as are many business owners in this community, of being taken advantage of by their employees. It is time that leniency of such offenders be put to rest and they be held accountable for their actions as well as for the great harm they cause to others. No one forced Cameron or Brady to steal from me; they chose to do so of their own free will — not just once, but repeatedly, and in doing so jeopardized the rights of others. All because they didn’t feel they should have to earn their own way in this life through honest endeavors,” Fullmer said.

After her statements the judge then allowed time for both the prosecution and defense to make recommendations for sentencing.

Attorney Joseph Hayes, Clements’ defense attorney, began by telling the judge that he was a good friend to the Clements family. He recommended probation saying that Clements has a good support group in his family and that he has been very cooperative.

He said Clements has made very clear a desire to make up for everything.

Hayes said he even submitted himself to a voice stress analysis test and has tried to fully comply with everything expected of him.

Hayes said Clements told him, “I’m committed. I want to fix this.”

Hayes said one problem Clements faces is that after this sentence he could potentially lose his job and will need to look for more work.

Hayes said he felt Clements wanted to turn things around and there was no danger in placing him on probation.

“There’s no danger to society here,” Hayes said.

Prosecuting Attorney Sid Brown said he should be given nothing less than retained jurisdiction.

Brown said he still felt Clements had not disclosed everything that had been taken and that a full account of stolen property was needed.

“I think we need to get a full accounting,” Brown said.

He said Clements should take a polygraph test to ensure everything he stole could be accounted for.

Moeller then asked Clements if he would agree to take a polygraph test. Clements agreed to take the test as part of his sentence.

Moeller gave Clements time to speak, and he told the court that he was there to take responsibility for his actions.

“I know what I did was wrong,” he said.

He also lamented damaging his relationship with Fullmer, whom he called “a really good boss.”

He said that at first, the thefts were prompted by an accumulation of medical bills.

“I found myself in a financial strain,” Clements said.

When Moeller asked him specifically about his motivation, Clements said he wasn’t really thinking straight at the time and that his motivation was mostly selfish.

“I wasn’t thinking. I was thinking only about myself,” Clements said.

Moeller asked him how he felt listening to Fullmer.

Clements replied that he was “shaking” and felt “horrible” about what he had done.

Voice choked with emotion, Clements told the court he finally thinks he understands what he put Fullmer through.

When it came time to pass the sentence, Moeller told Clements that although this was considered his first offense, he couldn’t understand the major betrayal of trust that had happened.

He said even though the crime was considered non-violent, Clements should recognize that even in non-violent crimes, the harm to the victim is as bad as violent behavior.

Moeller told Clements that he took advantage of his employer’s kindness and that this was the sort of crime it was his responsibility to protect society from.

He also said this was a very serious crime for a first offense, and he felt it was his duty to discourage Clements from committing similar crimes in the future.

“I have to deter you. It’s a first crime, but its a doozy,” Moeller said.

He also told Clements that although he was young he still needed to be held fully accountable for his actions.

“Age doesn’t immunize you from accountability,” Moeller said.

Moeller said he tried to weigh the need for protecting society against Clements’ willing cooperation with the police and the court proceedings.

Moeller then sentenced Clements to five years probation with 40 days jail time.

He said Clements would immediately serve 15 days jail time with no work release. After the 15 days he would then be allowed a work release if he could find a job.

Moeller told Clements that during his jail time he would reflect on the fact that freedom and work are privileges that can be taken away at any time.

Moeller also ordered Clements pay $1,000 that could be waived if he paid full restitution in six months.

Moeller also ordered Clements take a polygraph to ensure honesty.

In addition to the standard terms of probation, he told Clements that he was not to work with money for at least a year.

He was also required to write an apology letter to Fullmer, which would be sent to Fullmer and become part of court records.

Moeller told Clements that he would offer him a withheld judgement after he successfully complied with all the terms of his sentence.

This article was written by Rexburg Standard Journal Reporter Caleb Despain. It is used here with permission. The original article is available here.