An Ellensburg man has been sentenced to 29 months in prison after he admitted using a stolen debit card to go on a spending spree around town, which included a stop at a smoke shop and a meal at an Ellensburg pancake restaurant.
Michael Joseph Mondragon, 42, accepted a plea deal with prosecutors last week and pleaded guilty to four felony charges, including second-degree theft and second-degree identity theft.
Mondragon, along with two female accomplices, were originally accused of trafficking in stolen property and theft after a woman told police her fanny pack had been stolen in January at Love’s Travel Stop just off Interstate 90 near Highway 97.
The victim left her fanny pack at the Subway, but when she asked employees if anyone had turned it in, she was told no.
Her wallet had been inside the fanny pack, and she soon discovered three debit cards had been used. Fraudulent charges had been made at Safeway for $44.86; at Circle K for $7.89; at The Pilot for $17; at Smokable Plus for $35.72; at IHOP for $81.18; and at Dominos Pizza for $52.52, according to court documents.
Video footage was obtained from IHOP and other businesses that showed Mondragon and the other two women using the stolen debit cards.
One of the other culprits was convicted earlier this year of identity theft and sentenced to five days in jail.
During Mondragon’s change-of-plea hearing in Kittitas County Superior Court on Dec. 16, he was told the maximum sentence was five years in prison for each of the Class C felony charges he was facing. Other criminal accusations were dropped as part of the plea agreement.
Mondragon had an offender score of seven due to his prior felony convictions. Judge L. Candace Hooper told him he was subject to a standard sentencing range of 22 to 29 months in prison.
Deputy Prosecutor Patricia Todd said the plea agreement called for a top-end sentence of 29 months for the identity theft charges, and 18 months for second-degree theft.
Todd said the resolution of the case had been “highly negotiated,” and included 12 months on parole.
“When it comes to the restitution and the acts that Mr. Mondragon did, he stole the contents of a wallet of a law-abiding citizen who pays their bills and does all the right things,” Todd told the judge.
“Mr. Mondragon used credit cards, shared those credit cards with others, went on a shopping spree in town. He racked up $259.17 before it was stopped,” she said.
Todd asked that Mondragon be ordered to pay restitution.
Defense attorney Michael Hart said Mondragon “was very willing to accept responsibility” and said the plea agreement “serves the interests of justice.”
Before he was sentenced, Mondragon apologized for what he did.
“I’d just like to say I’m sorry for my actions,” he told the judge.
Hooper, however, wanted an explanation.
“What possessed you to think that it would be an OK thing to take somebody else’s credit card and just start making them have a bunch of bills?” Hooper asked the defendant. “Did you even know her?”
“You just took some random person’s credit card and started charging stuff for yourself on it,” she continued. “Well, you knew that was wrong.”
“Why would you do that? Do you have no morales?” Hooper asked.
When Mondragon said he did, she again asked him to explain himself.
He briefly acknowledged his problems with drug use and his attempts to get better.
Hooper noted that other people who have drug issues don’t commit thefts.
“Are you sorry you got caught, or sorry you actually did this?” she asked.
Mondragon again apologized.
“Well, I’m glad,” Hooper said, and added he would receive the maximum sentence of 29 months
“I’m going to put you in prison … but I am hoping you use that time to better yourself,” Hooper said.
