ROCKLAND, Maine — A 38-year-old man with a lengthy criminal record was sentenced Tuesday to nine months in jail for trying to steal a pair of sneakers from the Wal-Mart in Thomaston.
The sentence imposed on Andrew H. Pratt was criticized by his attorney, Jeremy Pratt — no relation to his client — who said the judicial system’s priorities shockingly were misplaced in this case.
Justice Daniel Billings imposed the nine-month sentence after Andrew Pratt admitted to switching the old pair of sneakers he was wearing with a new pair when he went to the Wal-Mart in Thomaston in April 2014. He was caught by store security and arrested by police. He also had a pair of DVDs in his pocket when apprehended.
Assistant District Attorney Christopher Fernald said the nine-month sentence was justified because of the defendant’s extensive record.
Andrew Pratt’s criminal record as an adult dates back to 1995, when at 18 years old he and two other defendants were accused and later convicted of breaking into and stealing items from about 50 cars. His most recent significant conviction came in November 2010, when he was sentenced to 30 months in prison for burglary, assault on an officer and refusing to submit to arrest. In that case, he broke into a neighbor’s home in the middle of the night while the residents were asleep and stole a flat-screen television. He also resisted arrest, resulting in injury to an officer.
At that time, in addition to jail time, the court ordered him to pay nearly $15,000 in restitution to the workers’ compensation insurer for the city and more than $3,000 to Rockland police for the extra costs incurred by having an officer on injury leave.
Fernald said Andrew Pratt was brazen to steal again after having so many prior convictions.
“What could have been going through his mind is beyond me,” the prosecutor said.
The prosecutor also pointed out Pratt had changed addresses without informing his probation officer and that one of the addresses listed was a vacant lot.
Defense attorney Pratt said the vacant lot was where his client once lived, but the building had since been burned. He said his client is someone who lives on the margin of society and cannot afford needed mental health counseling or prescriptions for his depression.
Pratt told the BDN Wednesday the sentence handed down Tuesday was further evidence there needed to be fundamental criminal justice and judicial reform.
“Andrew Pratt was accused of stealing less than $40 worth of merchandise from Wal-Mart. It will cost approximately $35,000 to house him in jail for nine months. This is the reason why our jails are overcrowded and why there is lack of funding for so many worthwhile projects,” the defense attorney said.
The attorney said his client is being locked up in the summer, when he can work and make restitution payments, but the sentence means he will get out in the winter, when he will have no work.
“This sentence makes zero sense for Andrew Pratt and makes even less sentence for the community,” he said.
But Billings said during sentencing that the nine months was called for in this case, despite the small value of the items that were being stolen.
“At some point, what may be legitimate extenuating circumstances just becomes excuses,” Billings said.
The judge said theft has become a way of life for Andrew Pratt and the only solution was putting him in jail so he can’t commit new ones while incarcerated.