Former Alabama Rep. Will Dismukes gets no prison time for theft
Former state Rep. William “Will” N. Dismukes III was sentenced Monday to five years of community corrections service, and will not go to prison for his theft of property conviction.
Dismukes, 32, was found guilty in April of stealing money from his former employer, Weiss Commercial Flooring of Montgomery. The thefts happened before Dismukes was elected. He faced a sentence of up to 20 years. Circuit Judge Brooke Reid gave Dismukes the maximum sentence of 20 years, then split it to 5 years community corrections and then two years probation.
Dismukes, dressed in a grey doubled-breasted suit, stood before the bench as Reid handed down her sentence. He offered no comment on the advice of Richard White, his attorney, since he is appealing the conviction.
Reid left little doubt of the punishment facing Dismukes if he doesn't live up to community corrections conditions.
"Make one mistake, and I'm handing down the 20 year sentence," she said.
During the sentencing hearing, which lasted about an hour, White often became emotional. He sought probation because this was Dismukes' first offense.
"I believe in fairness, and I believe people should be treated the same," he said. "Since the beginning he has been treated different than other folks charged with theft of property. Politics has no place in the criminal justice system.
"I'm just asking the court to treat him like everyone else."
The state told Reid that Dismukes was treated like any other defendant and politics did not enter into the prosecution.
"My theory is he was treated fairly at trial," Reid said.
"I agree, Judge, I never said this court treated him differently. I said the system treated him differently," White said, apparently seeking to not aggravate the judge.
Reid also ordered Dismukes to pay $43,691.75 in restitution.
Reid said this case was different because Dismukes took the stand and testified that everyone involved in the investigation lied, but he was the only one to tell the truth.
"My issue is a total refusal to accept any responsibility whatsoever," she said.
"Judge, that's his right to go to trial and say he's innocent and you know what, God bless him," White answered.
Dismukes said he stands on his innocence and is confident the conviction will be reversed on appeal. He said he expected to be sentenced to prison as part of the sentencing.
Community corrections is best described as a level above probation. Dismukes will live at home for the five years and be able the work and go to church, White said.
He will be monitored much more closely than if he were on probation, the attorney said.
The jury found that Dismukes stole money, materials and services by billing the company for work not done. Before he entered the Legislative race he left Weiss flooring and set up a flooring business of his own. The investigation into the theft was not reported by the company until he was serving in the Statehouse.
A jury returned the verdict in April after a week-long trial. Dismukes, a Republican, represented Prattville and portions of Autauga and Elmore counties in the Statehouse for one term but lost his bid for re-election last year.
The jury also found Dismukes guilty of two aggravating factors which allowed Reid to sentence him to prison. A release from the district attorney’s office did not give an amount that was stolen.
Dismukes has a recent history of controversy. In July 2020, Dismukes gained national attention after posting a photo on Facebook of him attending a birthday celebration for Confederate General Nathan Bedford Forrest, an early leader in the KKK.
Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com.
This article originally appeared on Montgomery Advertiser: Former Alabama Rep. Will Dismukes gets no prison time for theft
