A Bayfield man found guilty of burglarizing Pine River Pawn earlier this year in Bayfield was sentenced Dec. 1 to 90 days in jail and three years of probation.
John Joseph Mulloy Jr., 34, was also found guilty of theft, possession of burglary tools and violation of bail conditions for missing drug-testing requirements.
The jury trial took place in October in 6th Judicial District Court in Durango.
Mulloy's public defense lawyer, Barrie Newberger King, argued against sentencing him to drug court or Hilltop House, a community corrections program in Durango.
"I do not think Hilltop is necessary," she said. "It is taking a bed away from someone who needs it. That sentence could backfire and be over-supervision."
Newberger King said Mulloy has "always felt bad" for what happened.
Prosecutors said Mulloy teamed up with Joshua Gonzales of Farmington in April to break into the pawn shop to steal a bicycle. When Gonzales returned to steal guns, Mulloy helped facilitate the crime, said Deputy District Attorney Reid Stewart. In all, the men stole three bikes and five guns from the pawn shop worth more than $4,000.
Mulloy later confessed to the burglary and told police about Gonzales.
On Friday in District Court, Mulloy said he "accepts the consequences of his actions."
"I do feel terrible for it," he said. "This isn't me; this isn't who I am. I invited the wrong kind of company into my life."
District Judge Todd Norvell was not easily swayed by Mulloy's statement.
"You have to ask yourself if you are the wrong kind of company," he said. "This started as a bicycle heist and turned into stealing guns."
Norvell said he "reluctantly" sentenced Mulloy to probation, which includes a mental health evaluation.
"I was really close to making a different decision," Norvell said.
mrupani@durangoherald.com
