Nelson ordered to pay $526,000 for 2022 ag vandalism spree

Devon Nelson, who plead guilty last year to destroying about half a million dollars worth of farming equipment in a drunken vandalism spree in 2022, was sentenced to pay $526,000 and spend 25 days in jail in Blaine County District Court Friday, along with a six-year deferred sentence on felony criminal mischief, and 6-months in county jail for a misdemeanor charge of criminal mischief, all suspended.

If Nelson abides by all conditions of his release for the six years, the felony will be struck from his record.

Judge Yvonne Laird said the court has attempted to balance its duty to see justice done to the victims of the crime as well as its duty to make sure a non-violent defendant has the opportunity to pay restitution and potentially reintegrate themselves into the community and make up for a mistake that has caused a considerable amount of anguish beyond financial considerations.

"You need to be held responsible to the fullest extent of your ability to be responsible for the harm you have caused," Laird said to Nelson in issuing her ruling.

Nelson, and Jasper Wendland were served warrants out of both Blaine and Chouteau counties and were charged in Blaine County with five felony counts of criminal mischief pecuniary loss more than $1,500, or alternatively by accountability, and two misdemeanor counts of criminal mischief pecuniary loss less than $1,500.

Felony damages were to farm equipment and materials owned by the Gasvoda family of Lone Tree Cattle Company, including a several-hundred-thousand-dollar crop sprayer, a truck set up to haul and pump water, a trailer with multiple broken spray totes and a semitractor-trailer that was found almost 14 miles from where it had been parked the previous day. A tractor leased by Blaine County also had windows shot out.

The restitution the court set for Blaine County was $3,700 and for the Gasvoda family directly was $40,000.

The two misdemeanor charges were for fences damaged on two separate properties.

Both men were also charged in Chouteau County with one count of felony criminal mischief pecuniary loss more than $1,500, or alternatively by accountability for damages to a skid-steer and a tractor belonging to Chris Boyce.

Laird said because there is a co-defendant in this case that the amount of restitution be reduced by up to 50 percent by any contributions paid by Wendland.

Wendland's sentencing hearing is on Feb. 13 at 2:30 p.m.

The ruling came after testimony by Nelson about his potential ability to pay, and argument from his defense counsel Jeremy Yellin that restitution to the families victimized should be honored, but the proposed restitution to the company that insured the damaged equipment, which made up the vast majority of the restitution asked for, would be unjust.

Before testimony Laird said case law on the matter is clear, that insurance companies, in this case Chubb Agribusiness Insurance Company, which the court determined is owed $482,000, are able to collect restitution in situations like this.

Yellin agreed that the law is clear in that regard, but he would make the argument that requiring Nelson, a person with little job prospects or assets, to pay such a vast sum of money to an insurance company is unjust, unlike the Gasvoda family.

"They profit off of not paying other people.That's their business," he said. "These folks (referring to the Gasvoda family) were not in the business of risk, they're in the farming ranching business, they should get paid."

During the hearing Yellin said Nelson has no savings, no assets, no stocks or bonds, no post-high school education and special skills.

He asked Montana Probation and Parole Officer Dylan Kulla, who would be handling Nelson's case, if, given these facts, he believes Nelson will ever be able to pay off this vast sum.

"You don't have any information, you have no evidence, other than speculation, that at this time, Devon is financially able to pay over half a million dollars, do you?" Yellin said. " ... What evidence do you have that he will have the ability to financially repay that in the future? What evidence do you have?"

Kulla said if Nelson can find a good job and works hard to pay off this restitution then he believes it can be done, though it may take some serious time.

"If there's a job you will have the ability to pay it off but not quickly," he said.

Blaine County Attorney Kelsie Harwood asked Kulla about the programs and partnerships the department of corrections has to help reintegrate Nelson into the community and make sure he has the resources he needs to continue his life and pay what the state believes he owes.

Kulla talked about programs and partnerships for job training, professional skills development, chemical dependency treatment and other resources that may be available.

Nelson also testified during the hearing, and was asked by Harwood about his efforts to find employment.

Harwood asked about the places he had applied to since losing his job with Hill County on account of the vandalism incident, and when Nelson detailed only a few applications she asked why he had not applied to more in the 18 months since the incident.

Yellin asked if he believed the incident and the publicity surrounding it had been a factor in him not getting any of the jobs he applied for, and whether or not that discouraged him from doing more to find better employment.

Nelson answered yes to both.

Regardless of the decision made with regards to restitution, Yellin asked that Nelson's felony charge be given a deferred imposition of sentence, which means he can avoid imprisonment and the incident can be struck from his record should Nelson fulfill requirements imposed by the court to make sure he stays on good behavior, reintegrate into the community and pays what is owed.

Yellin said having a felony conviction on his record will only make it harder to find good employment and pay back the victims of his crime.

Harwood said that given the sheer amount of damage that was caused by Nelson a deferred imposition of sentence would be inappropriate.

She also said that because a similar deferment was being considered for in the case in Chouteau County it would be unlawful, as only one non-violent felony conviction is permitted to be deferred per offender.

In her ruling Laird said Harwood is correct that only one non-violent felony can be deferred, but because this sentencing is taking place before the one in Chouteau County then the court can grant that.

However, she said, she wanted to emphasize to Nelson that a deferment of sentence is not a free pass, and that he will be required to follow all of the conditions set out by the court in that deferment or it will be revoked and he may face a maximum ten-year sentence.

In regards to restitution, she said, the court cannot consider the restitution asked for to be unjust, even given Nelson's limited job prospects and non-existent assets, because to do so would suggest he is incapable of changing or bettering himself, and by extension, those prospects.

Laird said Nelson is permitted to petition the court to have the restitution waived, adjusted or altered should circumstances render it impossible to pay in the future, but to do so now would be premature.

She said Nelson is young and has the opportunity to turn his life around and should be given the opportunity to do so, but it will take time and work to undo the hurt he has caused.

"This is your opportunity to show the community the court and your family what type of person you wish to be in the future, and that is completely up to you," she said. "As you know, people on the Hi-Line have long memory, so whether you are simply remembered as the Nelson boy who got drunk, destroyed everyone else's property, and never seemed to be making anything of himself, or if you are remembered as being the Nelson boy, who really screwed up when he was young, but then turned his life around and became a stand up person in that community. That's up to you. It will take time. But you can do it. But the court can't do that for you."

She also advised him to heed the conditions of his deferment, including having a mental health evaluation and following any requirements set by any chemical dependency treatment programs he ends up in.

Laird said she has been told that he plead guilty to a trespassing charge in 2023 as well, while these proceedings were still going, and advised him to respect other people's property.

Nelson also read from a prepared statement on the incident and his actions, apologizing for what he did.

"I feel deep shame, remorse and regret for my behavior. I take full responsibility and harbor no resentment, for anyone but myself for the decisions I made," he said, reading from the statement. "Those who know me are aware that this is entirely out of character and I am struggling to comprehend why I acted as I did."

He said he is disappointed in himself for the blow he struck against his own future, the people that love him most, and the victims of the crime.