Some charges have been dismissed against two people, while a third case has been dismissed entirely, in connection to diesel fuel thefts in Dundy County, as the former cases head to trial court.
Edwin Quintanilla-Pena, 35, and Cyndy Garcia, 26, are charged in Dundy County Court with theft by unlawful taking ($1,500 to $4,999) and conspiracy to commit a class 4 felony.
According to the Dundy County Sheriff’s office, in January, deputies received a report of a large diesel fuel theft from Kwik Stop in Benkelman. The sheriff’s office then received photos of vehicles believed to have been involved in the thefts, including a white box truck.
The sheriff’s office said a deputy later observed a white box truck matching the description of the one involved in the thefts traveling on Highway 34 west of Haigler. A traffic stop was then initiated.
The sheriff’s office said Quintanilla-Pena, Constance Flores and Garcia were arrested for allegedly stealing approximately 3,900 gallons of diesel fuel from St. Francis Equity fuel station in Haigler.
The sheriff’s office said a search warrant was executed on the impounded white box truck and approximately 3,000 gallons of diesel fuel was located in chemical totes, resulting in a recovery of $10,560 worth of stolen diesel fuel.
In an order Wednesday, Judge Edward Steenburg said that if the box truck was at St. Francis Equity for 90 minutes, the fuel tank dispensed between 600 and 900 gallons of fuel, which would be valued between $2,280 and $3,420.
As a result, Steenburg reduced the charge of theft by unlawful taking (more than $5,000) to theft by unlawful taking ($1,500 to $4,999). An additional charge of conspiracy to commit a class 1 felony was also reduced to conspiracy to commit a class 4 felony.
Steenburg said there was no evidence that either Quintanilla-Pena or Garcia committed a burglary or had burglar’s tools in their possession and dismissed charges of burglary and possession of burglar’s tools.
Charges of theft by unlawful taking (more than $5,000), burglary and conspiracy to commit a class 1 felony against Flores, 36, were dismissed by Steenburg.
In his order dismissing the charges, he said there was no evidence to suggest she assisted “in any fashion, such as driving the truck or pumping fuel into the truck or in manipulating the pumps. Steenburg added there was also no evidence to suggest Flores participated in a burglary or that she supported Quintanilla-Pena or Garcia in a burglary.
Steenburg bound over both Quintanilla-Pena’s and Garcia’s cases to Dundy County District Court. Court records do not list their next court date.
