The Wyoming Supreme Court has suspended an attorney on an inter im basis.

The Laramie Boomerang had a story on the underlying conviction

Former Albany County prosecuting attorney Richard Bohling was sentenced Monday in District Court to 2-4 years in prison, $45,000 in fines and more than $3,000 in restitution for five criminal charges related to misuse of county money.

Dozens of people filled the courtroom Monday morning for the hour-long sentencing hearing, including friends and family of the former three-term county attorney and Albany County officials who worked with Bohling while he was in office.

In November, a jury convicted Bohling of four felony counts of obtaining property by false pretenses and one misdemeanor count of official misconduct, all stemming from Bohling’s alleged use of government funds to purchase cameras, photography equipment and tablets while an elected official.

Jurors acquitted Bohling of three other charges: wrongful taking or disposing of property and submitting false vouchers — both felonies — and one misdemeanor count of wrongful appropriation of public funds. A ninth charge, misdemeanor misuse of office, was dismissed at the prosecution’s request.

At sentencing, Albany County Commission Chairman Tim Sullivan read aloud a statement requesting Bohling receive prison time and pay restitution. He said he echoed the voice of constituents who expressed Bohling’s activities created a “financial impact and embarrassment” to the county.

“Richard Bohling used and took advantage of his position of authority to steal from the taxpayers of Albany County to purchase property for his own personal use,” Sullivan said. “If Mr. Bohling does not receive time in prison for his crimes, what message will this court send to the elected and appointed officials of Wyoming?”

In December, the Albany County Commission filed a joint statement requesting Bohling receive “at least 3-5 years” in prison. Albany County Clerk Jackie Gonzales and Albany County Sheriff Dave O’Malley also submitted separate victim impact statements at that time, but they declined to provide a sentencing recommendation.

Prosecuting attorney Christyne Martens recommended the court impose a sentence of 2-4 years in prison, followed by 5-7 years of probation, citing Bohling’s “position of trust” and legal roles: a county attorney, of all elected officials, should know better, she said. She asked for Bohling to be remanded into custody immediately following sentencing.

“Other folks looked to him to tell them what was right and wrong,” Martens said.

As far as restitution was concerned, she said, Bohling should make up the difference in cost between the electronics’ original purchase price and their existing value.

“Just like any other electronic device, these items devalue over time,” she said.

Defense attorney Rich Jamieson argued probation was a more appropriate punishment, describing Bohling as a family man and an advocate for victims. He called Bohling a “formidable opponent,” but nonetheless a man he respected, rather than feared.

Jamieson also pointed to his client’s lack of prior criminal history and argued Bohling had already been punished by the felony convictions, which left him unable to hold office, own guns or vote.

“What harsher punishment can you give anyone than taking away their dreams?” Jamieson said. “Whether it’s self-inflicted or not, people make poor choices. What is the appropriate sentence; what is the appropriate disposition? I don’t think it’s jail, judge; I don’t think it’s prison. I really don’t.”

Bohling declined to speak at sentencing except to ask the court to follow his attorney’s recommendation.

District Court Judge John R. Perry of Gillette said he spent more time analyzing the Bohling case than virtually any other, including prior homicide and sexual assault cases. In his time as a judge, he had “never received this many letters on one case,” he said. These included submissions from Bohling’s friends, members of the Wyoming State Bar and legislators.

“I would be less of a person if I were not moved by the emotion of those letters, but the court must not be part of that emotion,” Perry said.

Because Bohling was an elected official who had taken an oath to defend and obey the constitutions of the United States and the state of Wyoming, probation was an inappropriate sentence, he said.

He imposed a $10,000 fine and 2-4 year prison sentence for each felony conviction, to run concurrently, and a $5,000 fine for the misdemeanor conviction. Bohling was also ordered to pay $3,028.31 in restitution to Albany County.

Bohling’s bond will continue for 14 days; at that time he must either post $50,000 to remain out on bond or surrender himself, Perry said.

The defense plans to appeal the ruling to the Wyoming Supreme Court “certainly within the next two weeks,” Jamieson said. The appeal must be filed within 30 days of the entry of judgment.

Sharon Wilkinson, Wyoming State Bar Executive Director, said in a phone interview Monday Bohling has not yet been disbarred.

“Any attorney who is convicted — that automatically is referred to our bar counsel,” she said. “And so our bar counsel is just like any other disciplinary matter … he does a full investigation and then the Wyoming Supreme Court could hand down that sanction and with any kind of discipline. But as of right now, he is still a member in good standing of the Wyoming State Bar.”

According to testimony and court documents, the Wyoming Division of Investigation began looking into possible misuse of funds in March 2014.

A “quiet audit” completed by the Albany County Clerk’s Office indicated the Albany County Attorney’s Office had a number of purchasing irregularities, and a DCI report concluded Bohling used the equipment for his own purposes and signed vouchers, or had others sign on his behalf, to purchase the items.

(Mike Frisch)