Post Falls man convicted in property damage case

WALLACE — Gilbert Marsan was found guilty Friday of two counts of malicious injury to property following a jury trial in Shoshone County.

Marsan, 45, of Post Falls, was charged in April following a multi-agency investigation surrounding locks that were cut to gain access to a gated road.

Along with his son Austin, Marsan cut the locks in order to drive a Toyota Tacoma into privately owned timber company lands.

Following an internal investigation by both the Molpus Woodlands Group and Stimson Lumber — which included video footage — the Bureau of Land Management's Investigative Division worked with the Shoshone County Sheriff’s Office to identify the individuals from the video.

According to police records, once located, Marsan initially denied his involvement and pleaded not guilty.

Shoshone County Deputy Prosecutor Scott Sergeant represented the state during the trial, which was presided over by visiting Benewah County Judge Patrick McFadden — who is assisting Shoshone County as it works its way through a long backlog of criminal cases.

During the trial, the jury was allowed to see the video evidence which captured the defendant in action. Then, during his closing argument, Sergeant pointed out the defendant’s dishonesty with law enforcement when initially questioned and asked the jury whether they thought the individual who lied to law enforcement was being truthful with them now.

The jury returned a quick guilty verdict and Marsan was also handed his sentence.

Prior to the trial, the state offered Marsan a deal in which, in exchange for pleading guilty to just one of the counts, he would have been responsible for court costs and the costs to replace the locks.

However, after refusing the state’s offer and forcing a jury trial, Marsan was fined $600, ordered to pay $315 for court costs and $444.91 in restitution for the damaged gates — a total of $1,359.91 — with 90 days of jail on each count, which the judge will suspend, if the fines, court costs and restitution are paid in a timely manner.

Shoshone County Prosecuting Attorney Ben Allen let the public know that his office takes cases like this very seriously.

“As a friendly reminder to citizens both local and from out of the area, the ability to enjoy and recreate on public and private timber company lands depends on our ability to abide by the rules established for those roadways,” Allen said. “Individuals damaging property belonging to the BLM, Forest Service, or timber companies, will result in investigation and prosecution by local authorities.”