A Tale of Two Chargers - An Idaho Prisoner's Story

THE TAKING OF JUSTICE

The narrative below follows and documents disturbing incidents related to the taking of a police cruiser by a handcuffed prisoner, and the actions of government officials in what some will describe as insurance fraud, perjury, corruption and embezzlement of city funds. The names are true, they have not been changed to protect the guilty.

BACKGROUND

On 8/24/17, Jeffrey Epperson was arrested at his home on an agent's warrant for violating parole. Jeff was handcuffed behind his back and placed in the back of a 2010 Dodge Charger - an unmarked police cruiser assigned to Wilder (Idaho) City Police Chief Dusty Tveidt. Ten minutes later, Jeff drove silently away unnoticed in the police car, having moved the cuffs from behind his back to the front and climbing through the small window in the security screen between the driver and passenger areas.

Five minutes of driving, and Jeff had driven through a chained cattle gate, and almost into a river, stopped only by the sandy bank and a thin barbed wire fence. Leaving the car still running, Jeff made his way into the river - still handcuffed - only to be captured 2 weeks later by state agents. Had he looked, Jeff would have found a handcuff key in the center console of the police car.

Jeff was never charged with theft of the police car, nor was he charged with escape. Jeff agreed however to pay restitution to the City of Wilder for the damage to the vehicle as part of the settlement of another case, a case completely unrelated to the taking of the Charger.

After agreeing to pay restitution to the City of Wilder, Jeff was hit with a bill for $500 for the insurance deductible to repair the police car. Later, the court amended the restitution order - with no notice or consultation with Jeff or his attorney - ordering Jeff to pay a (new) total amount of $9,594.04. The amendment was the result of a loss claim (Claim No. C-17-02198-5319) initiated by an email from Kimberly Shoen with Idaho Counties Risk Management Program (ICRMP). [link #7] The ICRMP sought subrogation of the claim for not only the car, but for damages to a laptop computer that was in the car.

The Idaho Department of Correction, having received notice of the restitution order, continues to attach Jeff's inmate trust account in favor of that order.

In an investigation into the details of this matter by persons from different parts of the country, several irregularities have appeared. This report highlights some of those irregularities.

THE INVESTIGATION

Despite many requests, in many ways to the City of Wilder's Custodian of Records (and Clerk/Treasurer) Wendy L. Burrows-Severy, the city has avoided providing a record which details the actual purchase price of the 2010 Dodge Charger (VIN 2B3CA4CT8AH303453) police vehicle in question. Although the Clerk was less than forthcoming, Idaho State Police (ISP) records show that the City of Wilder Police Department purchased the vehicle from the ISP for the total amount of $2,500 on 11/22/16 (FSO No. S17-11-22) [link #60].

Wilder police purchased a second 2010 Dodge Charger from the ISP on the same date - also for $2,500. Each of the vehicles were equipped with a $500 in-car camera system, and (free) light bars (front and rear). The Charger in question was received by Chief Tveidt on 12/1/16. This information was not disclosed by the City Clerk Burrows-Severy despite official requests.

The City made a claim to their insurance company [link 5] through Intermountain Claims Inc. (adjusters) for damages to the vehicle caused by Jeff having run through the cattle gate then off the road into the sand. Photographs taken after the recovery of the vehicle show several significant scratches on the driver's side of the vehicle (presumably from the barbed-wire) as well as damage to the lower-right valance which was cracked (reportedly by the cattle gate rebounding as the gate was first struck with the push bar mounted to the vehicle). Photos and reports indicate there was no airbag deployment in the incident.

On 10/31/17 - Wilder Police Chief Dusty Tveidt ordered a "replacement" vehicle for the 2010 Dodge Charger. According to records [link 45], the City ordered a 2013 Dodge Charger from the ISP (with equipment) "to replace 2010 totaled [sic] Charger" after the ICRMP received an estimate to fix not only the damage to the vehicle caused by Jeff, but to completely restore the vehicle to almost showroom quality [link 88-93].

The City paid ISP $7,800 for the 2013 Charger (Check No. 34374) [link 46] which was received by Chief Tveidt on 11/8/17 [link 61]. The city was reimbursed $7,300 by ICRMP for the purchase of the 2013 Charger (Check No. 82886) on 11/20/17 [link 20].

Against all accepted business practices, ICRMP then wrote a check to the City of Wilder (No. 83205) [link 21] on 1/4/18 for the following dual purposes: to reimburse the city for the "upfit" of the totaled police vehicle by Gem County Mobile Upfit and Auto Repair (Rich LaBonte), less $500 for the salvage value of the 2010 Charger. In other words, ICRMP owed the city $1,000 for the upfit of the 2013 Charger - but withheld $500 for the 2010 Charger that the City kept as salvage.

According to ICRMP, the City of Wilder retained the 2010 Charger as salvage, paying the insurance company a total of $500 for the vehicle [link 7, 20]. Although the vehicle was considered totaled and nothing more than salvage, the City of Wilder had the vehicle serviced - including an oil/filter change - two months AFTER the claims adjuster for the insurance company had declared the vehicle a total loss.

Despite statutory requirements, it is clear that ICRMP failed to report the total loss to the Idaho Transportation Department (ITD) in that a CarFax report fails to mention the salvage - and the ITD did not issue a salvage title on the vehicle when it was re-registered. Although ICRMP received higher bids for the salvage vehicle ($800 to $850), the insurance company allowed the city to purchase the vehicle back for far less money. It was not until February 12, 2019 that the City approved the sale of the 2010 Charger at public auction as surplus (City of Wilder City Council Meeting Minutes - 2/12/19). All these factors indicate that the City either did, or was going to keep the vehicle in service after it was declared a total loss.

The City re-titled the vehicle from it's undercover identity (fictitious name withheld - title No. 179001132) to a regular City owned vehicle some 2 months after receiving the check for $7,300 - the cost of the "replacement" (2013) Charger. The new title (No. 189001016) showing the City of Wilder as the new owner was not a "salvage" title as required by law (Idaho Code 49-524 et seq.). The failures of both ICRMP and the City of Wilder to register the vehicle with ITD as salvage constitutes a statutory crime.

The "totaled" Charger was then placed on consignment to Lucky C. Auctions, LLC in Wilder, ID by the City with a "clean" title despite having been purchased (back from ICRMP) as a salvaged vehicle [link 86]. The Charger was thereafter sold for the amount of $2,000, with the City receiving $1,700 after consignment fees. This means that the new owner of the vehicle may well have been a victim of fraud by the failure of the City to obtain and present a salvage title.

Although the 2010 Charger was appraised by the insurance adjuster (Mark Plaisance at Intermountain Claims, Inc.) by simply going to a public website (Autosource) at $9,541, the use of this site was inappropriate. The market value via Autosource reflected the value of the 2010 Charger in the PUBLIC market place, not the value of the same vehicle in the state surplus market from where both the 2010 and 2013 Chargers (as well as most all police vehicles purchased by the City of Wilder) were purchased. The actual value of the 2010 Charger - in the state surplus market - could not have exceeded $2,500, the amount paid to the ISP by the City of Wilder for that vehicle almost a year prior (and 7,000 + miles later).

It is clear that the City of Wilder suffered zero economic loss in the circumstances regarding the 2010 Charger - in fact, the City profited from the ordeal. The City paid $2500 for a used car from the ISP. The vehicle came with light bars and other equipment free of charge. The video system (dash camera) cost $500, but was not damaged, and the lights, video system and other equipment were retained by the City when Rich LaBonte "decommissioned" the vehicle on 9/13/17. The decommissioning reportedly took 10 hours and cost $250.This loss too was covered by insurance (ICRMP).

The City paid a deductible of $500, and $500 for the salvaged Charger (despite higher bids for the salvaged vehicle from 2 different local businesses - raising the amount of restitution owed), then sold the Charger for $2000 ($1700 after commissions).

The City used that car for the Chief of Police to drive for approximately 9 months (12/1/16 - 8/24/17). It was then driven AFTER the incident for at least 88 miles before the odometer mysteriously malfunctioned prior to being sold on 8/1/19 - some 2 years after it was taken (according to the CarFax report from data received from the Idaho Motor Vehicle Department). Certainly then the economic loss to the City of Wilder is null.

Under Idaho Code, the definition of Value as it relates to property valuation and economic loss means the market value of the property at the time of the crime. The term could also mean the cost to replace the property (I.C. §18-2402(a)). "Replacing" a vehicle (for example) would not require the damaged property to be replaced by a newer or more desirable model, for if one were to total a 2010 Charger, the replacement would be the value of a 2010 Charger, not a 2013 Charger, a 2015 Charger or a 2019 Cadillac Escalade... While these vehicles might be USED as a replacement, they are not replacements as contemplated by logic or by law.

Though the Autosource website reflected the price for a 2010 Charger from local automobile dealers at more than $9,000, the City of Wilder (as do most government jurisdictions) purchase surplus vehicles from other state agencies (such as the ISP in this case). Therefore, the actual "market value" of any replacement vehicle in this case would be based on the value of a 2010 Charger in the state surplus market - not the public markets as reflected by Autosource. Finally, even the Canyon County Sheriff's Department - from information provided by Wilder Police - valued the vehicle at $1,500 [link 22].

If a 2010 Charger was indeed available within a reasonable time after the date of 8/24/17 as surplus from a state agency - that vehicle would have been the appropriate replacement - not a vehicle three years newer, fully equipped with the same equipment Rich LaBonte says he "upfitted" into that new vehicle.

According to the Wilder City Clerk Wendy Burrows-Severy, Gem County Mobile Upfit and Auto Repair (Rich LaBonte) Emmett, ID 83617 (208) 573-6222 is a long time contractor for the City of Wilder Police Department. In an online search of the Office of the Idaho Secretary of State, Gem County Mobile Upfit and Auto Repair is not a business entity which has registered with that agency. The Clerk also states that (as of January, 2020) the city does not have any current liability insurance assignment, or even liability insurance information on Mr. LaBonte or Gem County Mobile Upfit and Auto Repair - leaving the city open to substantial loss and potential liability.

NOTE: "Upfitting" (as used herein) is the process of installing various equipment into a vehicle, such as one would have an aftermarket stereo or alarm system installed in their personal car.

On 9/13/17, Mr. LaBonte of Gem County Mobile Upfit and Auto Repair submitted invoice (No. 10954) [link 59] to the City of Wilder for $1,000 for removing parts and decommissioning the 2010 Charger and upfitting "Dusty's car". In this instance, "Dusty's car" was the 2013 (replacement) Charger as detailed in an (under oath) Claims Invoice from Chief Dusty Tveidt [link 51]. In that invoice dated 11/9/17 and submitted to/reviewed by the Wilder City Council, the Chief described LaBonte's work as "strip 2010 Charger/outfit 2013 Charger" - referencing invoice No. 10954 and the bill for $1,000.

Under normal circumstances, one would not give this upfit issue a second thought, however, these are not normal circumstances.

First, the City did not receive the 2013 (replacement) Charger until 11/8/17 [link 61] according to the ISP and the signature of the Chief - so Mr. Labonte could not have upfit the 2013 Charger on 9/13/17 - the date of his invoice to the City of Wilder (No. 10954). Second, even though the Claims Voucher to the City dated 11/9/17 was dated one day after the 2013 Charger was received, the voucher - and the invoice - both claim that Mr. LaBonte had performed 30 hours of work upfitting the replacement (2013) Charger - both scenarios which are impossible.

It would seem that a city government would give preference to businesses within the county in which the city is located (Wilder is in Canyon County, Gem County Mobile Upfit and Auto Repair [Rich LaBonte] at 164 W. Idaho Blvd. Emmett, ID 83617 is in Gem County). Also, despite denials by the Clerk Burrows-Severy that Mr. LaBonte does not purchase items for the City for work performed on city property, several documented instances belie her statement - or Mr. LaBonte is using the name of the City of Wilder to receive discounted pricing from vendors under the guise of purchasing parts and equipment.

In just one example, invoice No. 10961 [link 54] to the City of Wilder from Gem County Mobile Upfit and Auto Repair for work on (unrelated) police vehicles shows that parts and supplies were indeed purchased by Rich LaBonte from Emergency Responder Services, Inc. (ERS). Gem County Mobile Upfit and Auto Repair was billed by ERS (ERS Invoice No. 18-474 ID) [link 55], and the bill for $25.00 (plus $1.50 sales tax) was paid by credit card in the name of Rich LaBonte [link 56].

NOTE: Per Clerk Burrows-Severy, the City of Wilder is a tax exempt entity.

Tax questions aside, the relationship between the City of Wilder (or it's personnel) and Mr. LaBonte is unclear, but one thing is clear, something's wrong in Wilder. Clerk Burrows-Severy stated in a response to public records requests that Mr. Labonte's collection of tax on parts/service are not the concern of the city as Mr. Labonte does not purchase anything on behalf of the city, yet parts are being purchased - said to be on behalf of city projects - by Mr. LaBonte.

THE CHARGER LIVES AGAIN

Clerk Burrows-Severy advises investigators that oil changes and routine maintenance work on the 2010 Charger was performed by the officers assigned the vehicle - thus no maintenance logs were generated [link 1]. CarFax reports indicate however that the maintenance and oil changes were in fact performed (and reported) several times by Point S Tire and Auto Service in Homedale, ID. Interestingly, that vehicle was serviced, and the oil and filter changed AFTER it was declared a total loss by the insurance company/agent on 9/5/17, but before it was sold as salvage.

ICRMP LOSSES

The losses incurred by ICRMP were inflated considerably by the actions of appraiser/adjuster of Mark Plaisance of Intermountain Claims, and the failure of ICRMP to oversee the process of both the appraiser and the insured.

According to documents supplied by the City of Wilder pursuant to public records requests, a laptop computer which was inside the patrol car when it was taken on 8/24/17 had been damaged, and needed to be replaced. Photos from the scene when the vehicle was recovered showed the laptop still in its Havice (brand) mounting bracket, with the network and power cables disconnected. These photos corroborate both Canyon County Sheriff's Department reports and Jeff's statement that the wires were unplugged from the back of the laptop the computer to prevent the vehicle from being tracked.

The Wilder Chief of Police ordered a new laptop from Dell on 1/8/18 - some 18 weeks after the car had been taken - for a price of $1,708.05 [link 11-13] to replace the laptop computer in the police vehicle said to have been damaged during the taking, and an additional $85.99 for the DC adapter for a total of $1,794.04.

In a letter, City Clerk Burrows-Severy stated the laptop computer was actually transferred to the 2010 Charger from another police car that "went out of service" and was old enough that the city no longer had records of it's purchase - including model or price. There is no indication as to the current whereabouts of the laptop removed from the 2010 Charger, or a description of the damages which are alleged to have occurred to it.

Based on these facts - in addition to depreciation - the valuation of the laptop to be replaced could not have come anywhere close to the $1,794.04 paid by the City of Wilder and reimbursed by ICRMP. The inclusion of that $1,794.04 in the restitution order, the amount paid for the value of the brand new (and upgraded) laptop is unreasonable on its face.

THE WRAP UP

It is clear that the City of Wilder has played fast and loose with the truth in this case. It is also apparent that the ICRMP had a hand in the deceptions that led to a reimbursement order of over $10,000 where the actual losses to the city and the insurance company (jointly and severably as City failed to reimburse profits from sale of vehicle and retained parts) totaled where:

>>>>> Losses on 2010 Dodge Charger:

Original cost of 2010 Charger to City - ($2,500) [#61]
Decommissioning: ($250) - [LaBonte] [#09]
Deductible (City): ($500) / ICRMP $500 = $0 [#06]
Salvage [City paid]: ($500) / [ICRMP received] $500 = $0 [#21]
Net price sold - $1,700 [#86]
In-car Camera System [retained by City] $500 [#60/#61]
Light bars (front and rear) [retained by City] $100 [#60/#61]

Actual loss on vehicle: ($700)*

*(Does not include depreciation on 2010 Charger)

Loss on vehicle (explained):

2010 Charger purchased for $2500 - purchased as salvage from ICRMP for $500 (despite offered $850 for salvage by Jalopy Jungle - Nampa, ID [#15]). (City) sold vehicle at auction (net) $1700. Light bars (front and rear / market value $50 each [#61]) and in-car camera system (paid $500 [#60] /market value $200 [#61]) were removed from car (decommissioned) before sale, but were not installed in 2013 Charger. These items were retained (or sold) by City of Wilder and are not a loss - and were improperly calculated in restitution costs.

Rich LaBonte's Gem County Mobile Upfit and Auto Repair labor invoice [#9] for $750 (30 hours of labor) dated 9/13/17 (Claims Voucher submitted by Chief Tveidt dated 11/9/17 [#51]) paid by ICRMP cannot be attributed to 2010 Charger for restitution where items said to have been upfitted to the 2013 Charger were already in the 2013 Charger when received from the Idaho State Police [#61].

Further, the City did not take physical possession of the 2013 Charger from the ISP until 11/8/17 [#61] - therefore the invoice (#10954) [#9] was clearly fraudulent. The Claims Voucher [#51] signed by the Chief of Police (signed and submitted under oath on 11/9/17 for 30 hours of LaBonte's labor) was fraudulent as well in that 30 hours of labor (as detailed) could not have been performed in the (less than) 24 hours between receiving the vehicle from the ISP and the submission of the voucher.

>>>>> Losses on Laptop computer:

Purchase price of "replacement" computer: ($1,794.04) [#11-12]
Cost of original computer: ($1,487.30)** [#87]
Age of original computer at time of vehicle taken: > 4 years (minimum) [#30]
Salvage value: Unknown (likely less than $100)
City profit: $276.74 (difference in price between old and new computers)

Loss on laptop (explained):

City claimed laptop in vehicle was destroyed despite evidence that only cables had been removed. City purchased "replacement" computer 5 months later. No data or information on damages to the computer, no inspection or diagnostic data ever documented. No insurance claim data regarding computer damage or need for repair or replacement. City retains both original and new computers. ICRMP verified by telephone that check in the amount of $1,794.04 was issued to City 1/19/18 for cost of new computer.

> City simply received a new laptop at ICRMP expense (subrogated via restitution order)

Actual loss laptop: +$276.74

** Purchase price of original computer determined by Rich LaBonte data sheet (date unknown under heading "Damaged Item" [#87] ).


FINAL THOUGHTS

Whatever is done with this data is the decision of the reader. Documents which have been copied herein are as received from the sources indicated.

It is clear that the reimbursement/restitution amounts charged by the court in favor of the ICRMP will have to be adjusted to reflect actual losses which were proximately caused by the taking of the 2010 Charger. While the legal theory on having the court to reopen the case is of no consequence to this narrative, fraud is, and hopefully always will be a means to open cases long after they have been closed.