By JONATHAN ZWEYGARDT
Hays Post
A Hays man facing charges in connection with the theft of an ATM in Hays had his request to attend an inpatient facility denied Wednesday in Ellis County District Court.
Assistant County Attorney Christopher Lyon said Stelieh Jordan Stegmeier was charged Nov. 9 with three felonies — non-residential burglary, criminal damage to property and theft — in connection with the March 22 theft of an ATM from Cerv’s convenience store, 2722 Hall.
According to police, at 1:30 a.m. March 22, someone broke a window out on the east side of the store, wrapped a chain around the ATM and used a vehicle to break the machine free from the floor.
Surveillance video of the March Cerv’s robbery
At Wednesday’s hearing, Stegmeier’s lawyer, Olavee Raub, submitted a motion to allow Stegmeier to attend an inpatient treatment facility in Winfield — Preferred Family Healthcare. Raub said Stegmeier has a history of drug use and has an admitted substance abuse problem.
RELATED: Hays man accused in ATM theft also will stand trial for garage burglary, truck theft
Lyon argued that, because Stegmeier is facing 176 month in prison if convicted, the state did not agree with the recommendation that he be allowed to attend the facility. Lyon said state and county attorney staff members were not aware of the facility, but they were told patients in the program were allowed to walk around and have a number of freedoms while in the program. The doors only locked on the outside, according to Lyon.
According to Lyon, Stegmeier allegedly has been involved in a number of other theft cases and could be facing more charges.
He added the best treatment for Stegemeier, who has been in the Ellis County jail since July, is to “stay supervised in the Ellis County jail.”
“My client has every motive” to be successful, argued Raub, and she said he has not ran from his problems.
District Judge Blake Bittel denied the motion because of the substantial charges Stegmeier is facing and potential jail time.
Bittel added he is not opposed to inpatient care but wanted more oversight over a person serving time in the facility.
Raub can file the motion again, Bittel said, if the facility can provide more information on the progress of the patient.
Lyon said the case is still in the discovery phase and the charges are merely an accusation, noting Stegmeier is innocent until proven guilty.