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Former Calhoun magistrate Steve Johnson, whose probation had been revoked for stealing money from his office in 2003, was sentenced yesterday to 200 hours in Central Regional Jail. The time will be served on weekends.
Judge David Nibert technically re-instated Johnson's probation for a year, with the jail time being a primary condition.
Nibert had revoked Johnson's probation after he failed to do 200 hours of community service.
Earlier, Johnson failed to appear at a probationary hearing before the Judge, causing Prosecuting Attorney Matt Minney to ask the court to incarcerate him.
During an April hearing, Johnson made amends to the court, saying "I'm sorry," after the judge revoked his probation.
Johnson's attorney David Karickhoff asked Nibert to "temper justice with mercy."
He paid $954 restitution after the notice of his revocation was filed by Probation Officer Patsy McCartney.
Johnson's non-compliance to his three-year probation surfaced a few days before his sentence would have been over in January 2006.
Probation officer McCartney told the court that Johnson had not performed all the obligations of his probation, indicating he failed to complete 200 hours of community service.
Johnson told the court his non-compliance was related to his moving to Virginia and his work situation.
The former magistrate reportedly stole about $3,000 from his Grantsville office, which he has now paid back.
It was unclear whether Johnson had followed probationary recommendations regarding obtaining help for a drinking problem.
In January, prosecutor Minney was frustrated over Johnson's non-compliance, including his failure to appear for a revocation hearing.
"He is a former law officer and magistrate, and knows the importance of this hearing," Minney said, saying he had time to make arrangements.
At that time, Nibert decided to set a $5,000 bond, rather than order Johnson be picked up and incarcerated.
Three years ago, during sentencing, Judge Nibert told Johnson if he failed to follow the "special, usual and customary terms of probation, the court reserved the right to incarcerate him for 120 days."
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