Breaking News: The Anthem Tree Cutter is Sentenced

The moment of truth for convicted Anthem Tree Cutter Douglas Hoffman arrived in dramatic fashion this morning (Jan. 14) when Hoffman appeared for his sentencing hearing before Clark County District Judge Donald Mosley.

Reporters from several newspapers, including the Los Angeles Times, were in the courtroom to witness the end of the tree-cutter saga, along with a television crew from local Channel 3.

Wearing prison garb, Hoffman was seated in a wheelchair in front of the jury box, his hands manacled and his legs chained to the wheelchair. After Judge Mosley disposed of several comparatively minor cases, the Hoffman case was called and the defendant was wheeled over to a table where he was joined by his attorney.

The hearing was a skirmish between prosecutor Josh Tomsheck and Hoffman's lawyer, Christopher Oram, with the county arguing for prison time and the defendant's lawyer arguing for probation.

Presenting his argument for incarceration, Tomsheck said he expected Hoffman's attorney to allege that his client's physical frailties should entitle him to avoid prison. But taking note of the harm caused to Anthem by Hoffman's actions and pointing out that a number of Anthem residents had come to court hoping to see justice meted out this morning, Tomsheck presented some new information that he suggested had not been fully known or understood prior to the writing of a sentencing report that recommended probation for Hoffman. "New information has come to light," Tomsheck said.

Taking note of Hoffman's prior claim that he was not the original owner of his home in Sun City Anthem, the prosecutor said investigation revealed that Hoffman had purchased his home in Sun City Anthem on August 25, 1999 and that he subsequently signed a quitclaim deed transferring ownership to a legal entity in order to take his name completely off the property. It could have been an attempt to hide his assets, Tomsheck said, or it could have been part of his effort to qualify for a public defender. "It could even have been both," Judge Mosley interjected.

Then the prosecutor dropped a bombshell. In April of 2007, he said, typed letters were sent to a number of government offices and officials, including the Governor of Nevada. The letters, which purported to be from some sort of militia organization, included verbal attacks on Pulte Homes and on the judge himself, and Tomsheck said the letters contained overt threats. "Don't f**k with us" was one of the phrases quoted from the letters.

The prosecutor said investigators were able to lift a thumb print from one of the letters, and analysis showed it to be Hoffman's print.

Wrapping up his presentation, Tomsheck urged Judge Mosley to disregard the sentencing memorandum recommending probation and restitution of about $246,000, and he asked Mosley to give Hoffman a prison term.

The defense presentation began with Hoffman reading a prepared statement. He said he had never before been convicted of any crime, and cited honorable service in the military. He said jail has been a great hardship for him and that his health has been deteriorating since he has been incarcerated following his trial. He said, "I have endured much pain and suffering, and life is hard and difficult for me." He said he has suffered physical handicaps for 26 years, and he asked for probation. "I am not a bad person," he concluded. "I am a good person."

Attorney Oram, who did not represent Hoffman at the trial, then took over. "I respect this jury's verdict," he said, "and I know the court and the Anthem community have been irritated." He then proceeded to argue that no good would come of sentencing his client to prison. "If he goes to prison, the taxpayers will have to pay for him," he said. "They'll wheel him around and he won't be able to pay the restitution."

Alluding to Hoffman's claim of being disabled, Judge Mosley interrupted at this point. "If he's not in prison, he still won't be able to work,"Mosley said.

"But these people in Sun City Anthem will still want to get their money back," Oram replied. "Yes, he cut trees, but he did not physically hurt anyone."

Oram addressed some of the opening comments made by the prosecutor. Referring to the threatening letters, he said there had been no evidence of a terrorist threat presented. And referring to Hoffman's getting his name off the deed to his SCA home, Oram said Hoffman had the right to do anything he wanted with his assets prior to being found guilty of a crime. "He has spent time in jail," the attorney concluded, "and that's enough."

Judge Mosley said, "There may be a shell game going on with respect to the property," and he hinted that since there was some property elsewhere that might belong to Hoffman, it might be possible that enough property would be available to satisfy the order for restitution.

Oram had a whispered conversation with his client and then said that Hoffman is not in a position to come up with a great deal of money. If he's out of prison, the attorney said, Hoffman can "do something to make sure people are paid back."

It was now time for the sentencing, but first Judge Mosley offered some detailed comments. "I presided over this man's trial," he said. "This crime was not a single incident. The defendant spent about 14 months wreaking havoc on Sun City Anthem. There were many incidents, and the matter was considered so serious that a $10,000 reward was posted due to about a quarter-million dollars in damages. During his trial I came to the conclusion that his defense was absolutely bogus. Hoffman scapegoated then as he is doing now."

"Prior to this hearing," Mosley said, "I was thinking of two to ten years in prison. But I recognize that no physical harm was done to anyone."

With that, Judge Mosley sentenced Hoffman as follows:

One year in prison for being found guilty on several misdemeanor charges.

Five years in prison for being found guilty of several felony charges.

Restitution of about $246,000 in damages.

The sentences are to be served concurrently. Hoffman must serve a minimum of 18 months in prison before being eligible to apply for parole, but he will get credit for 64 days of incarceration between the end of his trial and today's sentencing.

Seven SCA residents attended the sentencing hearing, and our last view of Hoffman was that of a bailiff wheeling him through a courtroom doorway, presumably to begin his sentence.

Speaking with reporters and SCA residents in a corridor outside the courtroom after the sentencing, the prosecutor hinted at the possibility of future charges being filed against Hoffman due to the threatening letters sent to public officials.

Our community has followed the Hoffman case with great interest over a long period. I hope this detailed report of the sentencing hearing will give you the sense of closure, and satisfaction with the result, that I believe was felt by those of us from SCA who were in attendance. And I especially want to thank dedicated residents Karl & Mary Bruner, Roland Parsons and Dick Cancellier, who faithfully invested their own time to monitor the case and provide information that could be shared with our community to keep us fully informed.

Comments

[Charles W Davis]

That thumb print may prove more damaging in the future than the current incarceration.

It is comforting that the judicial system does not condone property damage.

[David Berman]

As I noted in my report, a reporter from the Los Angeles Times covered the Hoffman sentencing hearing. The story by Ashley Powers, who serves as the Las Vegas bureau chief for the L.A. Times and wrote previously about the case, has been distributed nationally by her newspaper.

As an example, a blog reader linked me this morning to the L.A. Times story as it appeared in the Chicago Tribune.

Clicking on this link will take you to the story in the L.A. Times online edition:

http://tinyurl.com/22bbct

[carl weinstein]

I think we should once again thank William Edwards, who got the reward to capturing Hoffman!