Prosecutors are urging a federal judge to sentence former Ward 5 D.C. Councilman Harry Thomas Jr. to 46 months in prison for stealing more than $350,000 in city funds earmarked for youth baseball programs.
In a sentencing memorandum filed Friday, U.S. Attorney Ron Machen suggested the lengthy prison term, along with three years of probation and restitution. The prison sentence, Machen said, would be “at the upper end” of federal sentencing guidelines.
“Thomas breached the public trust by stealing money from the very people he was elected to serve. Even worse, as Thomas secretly stole money earmarked for youth-enrichment programs, he publicly portrayed himself as a champion of underprivileged children,” Machen wrote. “His corrupt conduct tarnished the reputation of the Council of the District of Columbia and posed a serious distraction to the operations of the city government.”
In a sentencing memo of their own, Thomas’ attorneys pressed for a far lower sentence, suggesting an 18-month prison term, three years of probation (including six months of home confinement), 1,500 hours of community service and restitution.
“Mr. Thomas acknowledges that his crimes were an inexcusable breach of the public trust,” Thomas’ lawyers wrote. “Having pled guilty prior to indictment, he has fully accepted responsibility for his conduct and stands ready to accept the consequences.”
Thomas’ legal team also said an extensive prison sentence would be too harsh.
“Imprisonment is not necessary to protect society from Mr. Thomas, to provide Mr. Thomas rehabilitative treatment or training, or to achieve the goal of deterrence,” the attorneys wrote. “Under these circumstances, the central purpose to be served by imposing a sentence of imprisonment is retribution.”
Thomas also wrote a letter to Judge John Bates, who will hand down the sentence on Thursday.
“I set a poor example. My conduct was inexcusable,” Thomas wrote. “I should not have arranged to divert grant funds to organizations in which I had a personal interest and should not have used any of the funds myself. I broke the law, and I accept full responsibility.”
In his letter, Thomas did not seek leniency.
“I will need to spend a lot of time making amends,” he wrote. “Words, I know, will not be sufficient. Only actions will be.”
Thomas resigned in January shortly before pleading guilty to corruption charges.
