The St. Louis County Attorney's Office won't pursue a second trial for the former Duluth businessman accused of fraudulently cashing nearly $800,000 in erroneous checks from the Minnesota Department of Revenue.
Prosecutors last week dismissed the remaining felony theft charge against 56-year-old Kevin Charles Owens, the former owner and operator of Owens Yacht Sales in Canal Park.
Assistant St. Louis County Attorney Nate Stumme cited "interests of justice" in declining to pursue another trial. The decision brings to a close an eight-year legal saga that has experienced a number of unusual turns.
Owens was convicted in August 2014 of illegally keeping the two refund checks totaling $782,962.18 that were mistakenly sent to him in March 2008. However, the Minnesota Court of Appeals overturned the conviction and granted him a new trial in January, finding that the district court gave erroneous instructions to jurors.
While the dismissal allows Owens to keep the conviction off his record, Stumme noted that he is still on the hook for full reimbursement of the funds due to a prior Minnesota Tax Court judgment.
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Authorities said Owens spent the entire sum within months and refused on several occasions to negotiate a repayment plan.
He skipped town after being charged with five felonies in September 2010 and was captured by the U.S. Marshals Service at a campground in Zumbrota, Minn., in May 2012.
After another two years of legal delays, Owens was convicted by a St. Louis County jury on a charge of theft of lost property. Sixth Judicial District Judge Mark Munger placed him on three years of probation, declining to order any additional jail time or restitution.
The conviction was vacated and Owens was granted a new trial in January, when the appeals court found that Munger changed standard instructions for the theft charge, preventing jurors from considering all necessary elements of the charge.
If tried again, Owens likely would not have faced any additional time in custody. The theft charge is a low-level felony, carrying a guideline probationary sentence.
While Owens is still responsible for reimbursing the state, the court and both parties have noted that it is unlikely that he will ever be able to do so. Owens later moved to the Twin Cities area and has stated in court documents that he is homeless, suffering from heart failure and unable to work.
"If, in the future, Defendant finds he is able to make a living and/or overcome his current health conditions, the State has all necessary means to recuperate the funds that were stolen," Munger wrote in an earlier order, citing the tax court ruling.
