A former employee who admitted stealing a safe from a Subway Restaurant in Benson earlier this year won’t be incarcerated, despite requests by the prosecutor and probation department that he be sent to prison.
Vincent Rene Ballesteros was sentenced Thursday morning to four years of probation for a conviction of third-degree burglary, a Class 4 felony. He had faced up to 3.75 years in prison when he stood remorseful before Judge Laura Cardinal at the Cochise County Superior Court.
“I am going to take a risk on you, Mr. Ballesteros,” Cardinal said prior to imposing sentence. “You appear motivated to succeed on probation. Let your shame guide you.”
Ballesteros, 44, was ordered to immediately begin serving probation at Hoop’s House, a men-only residential recovery facility in Sierra Vista. The judge informed Ballesteros that upon graduation from the Hoop’s House program he may subject to intensive supervision by a probation officer.
Cardinal also ordered Ballesteros to pay restitution to Subway for $1,200 cash missing from the safe when it was recovered shortly after the burglary was reported Jan. 21.
Court records show investigators with the Benson Police Department found no signs of forced entry. Ballesteros, who had worked at the restaurant, was quickly identified as a suspect based on a review of surveillance footage from local businesses.
Police took Ballesteros into custody the next day at a Tucson hotel. Within a month he accepted a plea deal which gave Cardinal full discretion in determining sentence. Options available to the judge included imposing a jail sentence of up to one year, a prison sentence of up to 3.75 years, or probation.
The Cochise County Adult Probation Department recommended Ballesteros receive the presumptive term of 2.5 years in prison under Arizona’s sentencing guidelines. The recommendation was based on Ballesteros’ “high risk” offender assessment score, concerns he may flee the jurisdiction, and a lengthy record of misdemeanors and low-level felony convictions across three states.
Prosecutor Terisha Driggs with the Cochise County Attorney’s Office agreed that prison is where Ballesteros belongs, arguing that the defendant “had prior opportunities to reform himself.” She also described “a very clear escalation” over time in the types of crimes committed by Ballesteros, whose recent offenses from shoplifting to auto theft and then extreme DUI before the recent burglary.
Although the State and the Probation Department requested a prison term, Driggs acknowledged after the 20-minute hearing that the judge decided probation was appropriate.
“We are hopeful that he will be successful on probation and pay restitution to the victim in this matter,” Driggs told Arizona Daily Independent. She added that if Ballesteros violates probation, he could be resentenced for a term of up to 3.75 years in prison.
Thursday’s hearing was one of only a handful of court proceedings in Cochise County courthouses due to restrictions related to COVID-19. During the hearing, Cardinal appeared to have the virus on her mind given Ballesteros’ medical condition, which includes lung damage.
She recommended he pay close attention to the current coronavirus health advisories and then released him to the custody of Hoop’s House director.
Ballesteros’ plea deal resulted in the dismissal of one other felony count connected to the Subway burglary. He must also pay nearly $900 in court fines, fees, and assessments, as well as up to $1,300 to cover the cost of the safe, which was irreparably damaged during the incident.