TORRINGTON – The Goshen County Circuit Court met promptly at 11:45 a.m. Thursday morning for the bench trial of Torrington man, Josh Smallman. 

Smallman would be found guilty of theft for having borrowed, and then selling a former employer’s vehicle to an unknown customer in Scottsbluff last September of 2023.

Circuit court judge, Nathaniel Hibben, presided over the bench trial with Deputy Goshen County and Prosecuting Attorney, Colby Sturgeon, representing the State of Wyoming.

Public defender, Denny Harts, represented the defense counsel of Smallman.

The court noted on September 11, 2024, local auto salvaging business owner, Doug Butler, notified the Goshen County Sherriff’s Office of a vehicle owned by his shop which had been allegedly stolen.

Sturgeon began the proceeding with a mandatory opening statement on behalf of the state.

“What I anticipate you will hear today from Mr. Doug Butler, and Deputy Matthews about this incident is where Mr. Butler had loaned or sponsored a vehicle to Mr. Smallman,” Sturgeon began. “Mr. Smallman would use it as a race car and was supposed to bring it back to Mr. Butler and that has not happened, instead of bringing back the car he sold it. He took it, sold it, and kept the money. That’s where we are at Your Honor, and that’s what we anticipate in presenting evidence here today.”

Butler was called to testify under oath before the court by prosecuting attorney Sturgeon and gave in-depth details of the situation leading up to the theft. 

Presumably, everything began with a simple act of generosity for an employee having a strong passion for auto-racing.

“We salvage all types of metals and automobiles, as well as towing,” Butler began. “He [Smallman] was previously employed with me. I would normally pick a car out as I know Josh is very passionate about racing. I tried to help the kid out and always have. He had been bugging me about a Mitsubishi. Josh had experienced a family tragedy and was having issues. I knew how much racing meant to him, so I picked up the Mitsubishi and took it to his house to prep for racing.”

According to Butler, this was not the first time in sponsoring a racecar to be used by Smallman. Additionally, Butler testified Smallman had never demonstrated any concerns or showed problems when it came to returning unused parts or vehicles once he had finished.

Notably, Butler had sponsored racing vehicles for Smallman on two prior occasions.

“When the racing is all done, he would always bring the car back,” Butler continued. “I never had any questions about whether he would bring this back. He always did. Josh had quit working for me, and the car was at his house behind the motel where he resides on west A. I noticed it was on a trailer thinking he was going to bring it back. My brother and one of my employees came over, and we had seen the trailer loaded with the car along with a bunch of scrap iron. I called him and asked him what was up. He said he was going to pick up a water heater and a bathtub. I asked him what his plans were for the car. I asked him if I needed to pay for the car twice as he never raced it. I went by his house and the trailer was empty. No, the car was never returned.”

While under cross-examination by the defense counsel, Butler would further add, “It was a verbal conversation. I based the car was not on his site anywhere, or on the trailer where I had seen it. I don’t want to be petty, but it does cost me in terms of parts and labor.”

Soon thereafter sheriff deputy, Michael Matthews, provided further testimony before the court in regard to the call initially made by Butler reporting the car being stolen.

“I talked to Doug, and he explained he knew who had the vehicle and where it was basically at,” Matthews explained. “I initially wasn’t going to enter it as a stolen vehicle. I would make contact with Mr. Smallman to see where the vehicle went. Mr. Smallman said he had been having health issues, was without a job, and took the vehicle to Scottsbluff where he had sold it for scrap.”

After the completion of witness testimony and cross-examination by both the prosecution and defense, Harts was given a chance on behalf of Smallman to make closing arguments.

As Harts would put it before the court, restitution was going to be necessary.

“Quite simply restitution does not need to be punitive or speculative,” Harts stated. “Yes, it’s his business and he sells these things. The money he is truly out with and definitive is the cost of the car. What he gets for it is in the scrap yard for long periods of time before they are ever turned into cash. Focusing on what is not speculated but what is an actual loss, we would ask the court to set restitution at $350. A concrete number he had testified to is what he is out with. I don’t want to say this is a misunderstanding, but Mr. Smallman fell on hard times and we don’t need jail time. I think restitution would be appropriate if he is out working and paying it off. I would ask for probation and payment of restitution for his sentence.”

In response to the closing arguments of the defense, the state prosecution was very close in concurrence with the defense’s desired outcome for the case.

“I had the opportunity to speak with Mr. Butler,” Sturgeon stated. “His wishes and concerns along with mine seem to align. I don’t think Josh Smallman needs to go to jail. That’s not entirely necessary, but there’s an accountability factor to this. Doug was generous in loaning his car in a time of need, Smallman was supposed to bring it back but didn’t. My big hope would be to bring some of that restitution to Mr. Butler. I don’t know how the court would like to proceed with restitution, but he understands better than anyone in the room what he is out of moneywise. I’d like to see Mr. Butler be made whole in this. What it really sounds like is a situation where he was trying to help out a former employee who had fallen on hard times, and his generosity was taken advantage of. This is his business and livelihood. Frankly, it’s fascinating listening to his knowledge over what this part is worth or what this particular model is worth. It’s all his business and livelihood. I just want to see him taken care of.” 

After hearing closing arguments from both the defense and prosecution, judge Hibben spoke in the direction of the defendant.

According to the county judge, any act of theft regardless of price or money is always a serious matter in the eyes of a Wyoming court.

“Mr. Smallman of course I’m going to give a sentence,” Hibben said. “The first audience is in fact the public in general. What I would say is there are many instances of theft where there is a jail sentence, and they will serve. I can think of several instances as a judge where there were those who were sentenced. Even back in practice, I would ask for a 45-day jail sentence, and the judge gave that. With different circumstances, people do receive jail sentences for theft. We could look at shoplifting when someone steals a few dollars or something more serious where someone comes onto another’s property and takes something. Much like Mr. Butler’s business where someone just took it, we can imagine that person having a jail sentence. That is no less a dishonest act than the others I am describing. First, to the public, it needs to understand the circumstances. With other circumstances there really is no tolerance or patience for theft.”

Judge Hibben soon after spoke of more lenient terms, offering the defendant a lighter sentence as well as a second chance.

“Nevertheless, I don’t find it necessary to impose a jail sentence,” Hibben continued. “I don’t think there’s any use to deter you, and I don’t think a jail sentence would educate you. You already know that. I don’t think I need to give a jail sentence so you might follow the law in the future. I think you will. I think standing here you are an honest person, and you are capable of being honest. There will be a 30-day suspended jail sentence with six months unsupervised probation. I think that is appropriate under the circumstances. I am going to impose restitution, and every money you have goes back to paying Mr. Butler rather than the court in fines. Remember the terms of probation are you have to pay in a timely manner. If I order that then it’s an order. Your first payment is due at the end of April which gives you a little over a month.”

The court stood in recess at 12:40 p.m.