Man indicted for theft from USBR

An Electric City man has been indicted in the United States District Court, Eastern District of Washington, on four counts of theft of government property while an employee of the Bureau of Reclamation.

Charged was James M. Barry, who has not been detained and has agreed to a deferred prosecution plan.

Barry declined to comment.

Barry is charged with taking valuable metal parts from the government’s inventory and selling them to a Spokane recycling firm.

Taken, according to the indictment, were an unknown number of ring seal gate upper hub bushings, with a replacement value of $1,262 each; an unknown number of ring seal gate upper hub bushings, with a replacement value of $187.50 each; 16 wicket gate bottom bushings with replacement value of $956 each; and 11 aluminum tubings with a replacement value of $460 each.

Each count of theft of government property in the indictment is a Class C felony and carries maximum penalty of not more than 10 years in prison, a fine not to exceed $250,000, and not more than a three-year deferred prosecution agreement.

The two-year deferred prosecution agreement with the court calls for Barry to pay $25,000, half by April 23, and the other half over two years at $543.48 per month.

According to court documents, Barry has waived certain constitutional rights, including the right of a speedy trial.

At the end of two years, if Barry has complied with all the terms of the agreement, he will be allowed to plead guilty to only one count of theft of less than $1,000, a misdemeanor, and the government will ask the court to dismiss the charges in the indictment currently on file.

Barry pled not guilty at an arraigned Nov. 20, 2014. The deferred prosecution agreement was made April 16, 2015, according to court documents.

The indictment was filed Oct. 21, 2014 and lists dates in January and May of 2014, when he took items to Action Recycling and was paid a total of $5,215.48.