Spenard gets 30-year sentence for 2015 theft

Published 1:22 am Tuesday, November 20, 2018

Circuit Court Judge Charles Short sentenced Donovan Kirk Spenard, 52, of Andalusia, to 30 years in prison for first degree theft of property for his involvement in a 2015 theft on Walker Avenue in Andalusia. District Attorney Walt Merrell handled the case for the State. 

At trial, Merrell called four eyewitnesses, all of whom were at the house on Walker Avenue when the theft occurred. Each testified that the victim, Tom Crowell, purchased a gun from a third party. The evidence showed that Kirk Spenard made contact with Crowell to purchase the gun, alleging it had been stolen from his friend. Crowell agreed to meet Spenard and try to “right the wrong” because, as Crowell indicated in his testimony, if the gun was stolen, he wanted to get it back to its rightful owner.

On October 10, 2015, Spenards and his son and co-defendant, Joseph Spenard, arrived at the Walker Avenue residence under the pretense of buying the gun. The testimony revealed that shortly after their arrival, Joseph Spenard grabbed the gun and fled from the residence. The elder Spenard remained at the residence momentarily, blocking the door to prevent anyone from pursuing his son, and then warned the witnesses, “Let this be a lesson to you.”

Merrell expressed his appreciation for Short’s ruling, noting, “Serious crimes call for serious sentences.  I appreciate the fact that Judge Short saw this for what it was, and sentenced Spenard accordingly.”

Theft of Property I is a Class B felony normally governed by the Alabama Sentencing Guidelines. However, because of Spenard’s significant prior criminal record, and a finding by the jury that the Spenard played a “major role in the crime as the leader, organizer, recruiter, manager, or supervisor,” the judge was able to sentence outside of the restrictive mandates of the Sentencing Guidelines. 

Sentencing for Joseph Spenard is set in December.