Updated September 6, 2006 at 7:41 p.m.
Two men sentenced to six months in jail for stealing fruit from a local produce store will be released tonight.
In a letter sent Wednesday to Wayne Westphale, the attorney representing Giles Charle and David Siller, Assistant District Attorney Kerry St. James wrote: "We will agree to a stipulated reduction of sentence in these two cases to the time that the defendants have served in the Routt County Jail. I have prepared a stipulation reflecting the agreement."
Westphale was at the Routt County Combined Courthouse at 4:45 p.m. Wednesday to sign the paperwork. Siller and Charle said they expected to be released from jail at about 6 p.m.
Fourteenth Judicial District Attorney Bonnie Roesink declined to comment Wednesday about the decision.
"It does now, however, appear that based upon incomplete and incorrect information, a portion of the community has committed to a view of this case and its outcome," St. James wrote. "My office will not be able to change this misperception. It is clear the portion of the community reacting to that misinformation wishes a different outcome."
He went on to write that, "While my office continues to persist in its contention that this was a burglary case and that your clients unlawfully entered the interior of the store, we are willing to compromise our position and hope that the message still remains that it is unacceptable to burglarize a local business."
Charle, 24, of Somersworth, N.H., and Siller, 27, of Wayne, Pa., were sentenced to six months in jail last week after they admitted to stealing produce from Sweet Pea Produce on Yampa Street. The men were facing felony second-degree burglary charges but opted to accept a plea agreement to spend six months in jail for pleading guilty to misdemeanor trespass.
A full copy of St. James letter is available on steamboatpilot.com