Mason may face more charges

If police can link guns recovered from the former I.F. prosecutor's home Friday, charges will be filed for an entirely new case.

By PHIL DAVIDSON

pdavidson@postregister.com

Mason

If investigators can link guns removed Friday from Kimball Mason's home to property missing from the Idaho Falls Police Department's custody, a new criminal case will be filed against the former city prosecutor, the Idaho attorney general's spokesman said Tuesday.

Mason, 51, pleaded guilty in April to stealing two guns from the police department's evidence vault. He was sentenced May 30 to three concurrent one- to five-year prison terms, but that will be reviewed after he serves six months in jail.

However, three days after Mason's sentencing, police officers found at least seven guns that he told investigators he had destroyed after getting court orders to seize them from the evidence room, Police Chief J. Kent Livsey said.

State investigators have yet to confirm the origin of the guns. The attorney general's chief investigator and deputy prosecutor were sifting through that evidence Tuesday in Idaho Falls.

"The investigation is being pursued as an entirely new case," said Bob Cooper, the attorney general's communication director.

If new charges are filed, Mason would go through the judicial process again and, if convicted, would receive a new sentence. Cooper said it's too early to comment on whether his office would offer Mason a plea deal, as prosecutors did in the original case.

As part of that arrangement, Mason agreed to plead guilty to two grand theft charges, even though the prosecution found 18 instances in which he removed property from the police department's evidence room.

A search of court orders Mason used to take possession of guns found that 51 had been released to him since 2001, the cutoff for the statute of limitations on grand theft. Those guns were supposed to have been destroyed, converted for the department's use or sold to a gun dealer, with the proceeds benefiting the police.

Of the 51 guns, Mason told investigators he'd destroyed all 33 that weren't accounted for. However, Friday's raid led to the discovery of more than 30 guns -- seven to 10 of which Livsey said belonged to the city.

The week before his sentencing, Mason called his friend and fellow attorney John Stosich to hold onto the 30-plus guns because it's unlawful for felons to possess firearms. Stosich complied, but on May 31, the day after sentencing, he called Mason's son to come get them, Stosich said.

An anonymous informant caught this, tipped off the police and the search warrant was served.

Jay Rosenthal, who's prosecuting the case for the attorney general, said no one would be immune from charges in a new case if crimes occurred.

The investigation will take a few more days, he said, adding that any charges would be filed within a week.

Cops and Courts reporter Phil Davidson can be reached at 542-6750.

n A week before his sentencing, Mason called a fellow attorney to hold the guns for him