OGDEN -- Literally seconds after persuading a judge to give him probation instead of prison for his latest car theft, an inmate apparently violated the terms of his probation before he even left the courtroom.
Despite a lengthy criminal record and slipping into occasional obscene language, a tattoo-covered Thomas Done had persuaded a 2nd District Court judge to give him a second chance.
Citing his concern for his young daughter, Done, 33, spent more than 20 minutes pleading with Judge Michael Lyon for leniency. During his address to the judge, he referred to his girlfriend's alleged infidelity as one of the stressors that drove him to steal.
He faced a possible one- to 15-year prison term for car theft.
Despite's Done's criminal record for similar behavior, Lyon opted for three years' probation for Done, with jail time until space became available at the local halfway house.
While being escorted back to a holding cell adjacent the courtroom, as bailiffs and court staff related in the incident report now forwarded to prosecutors, Done turned toward his estranged girlfriend sitting in the courtroom with her new beau. In open court, he pointed two fingers at her pistol-like, then cocked his thumb like the hammer of a gun and said, "Boom, bitch."
Done could face charges of witness tampering depending on the ex-girlfriend's involvement in the charges against him, making threats against life or property, or even assault.
Gesturing to imply potential use of a weapon actually can fit the state's assault statute.
"I don't believe the victim has made a formal complaint yet," said Deputy Weber County Attorney Dean Saunders, who filed the theft charges against Done and is screening the new allegations.
"Generally, we wouldn't be able to file the charges without her cooperation."
Saunders was in the courtroom Monday, but said he didn't actually hear Done's comment to his former girlfriend.
But he has read the accounts filed by three court employees and the Adult Probation and Parole agent staffing the court that day.
"He spent almost half an hour shucking and jiving, convincing the judge he was a candidate for probation, then he wasn't even 30 seconds into his probation, more like 15 seconds, and he violated it," said one bailiff who was there.
The next day, according to court records, AP&P filed an affidavit alleging Done violated probation with the in-court incident. The affidavit is set for a hearing June 30 before Lyon. The judge could revoke Done's probation and send him to prison that day, a proceeding separate from the possible new criminal charges.
Done's criminal record dates back to 1996 in Salt Lake County for thefts, including cars, drugs and minor assaults, according to court records.
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