OTTUMWA — Sentencing for Tim Stabile won’t happen until next month, but court documents give a good indication of what prosecutors want to happen.

Stabile faces imprisonment for taking more than $400,000 from Lee Barnett, a former investment client. The prosecution is asking the court for a sentence minimum of just more than seven years, with a maximum of nine years in prison. They base that range on a “two level increase” in sentencing guidelines for obstruction of justice.

The defense sought the adjustment on the basis of “acceptance of responsibility.” That is where a defendant admits to the accusations, a necessary step for any plea bargain.

Prosecutors say Stabile should not receive credit for that step. They point to Stabile’s objections to the pre-sentencing report, objections they say attempt to downplay the seriousness of his actions. The defense characterizes the money taken by Stabile as a “loan.”

“By claiming Lee Barnett knowingly loaned him the money, [Stabile] falsely contests one of the elements of the offense to which he pled guilty. If the funds were a loan, [Stabile] could not have intended to defraud, as he claimed at his plea proceeding,” prosecutors wrote.

The prosecution asserts that Stabile’s objections amount to providing false information to his probation officer. Such an action, if proven, constitutes obstruction of justice.

A second key point for prosecutors is that Barnett, who suffered from dementia, was a vulnerable victim. Just what Stabile knew about Barnett’s health is a point of contention.

The defense contends that Stabile “was not aware of Lee Barnett’s dementia. Furthermore, it was Gwen Barnett who made the decisions at the onset, from March or April of 2004 until such time as her stroke.”

Prosecutors point to a different timeline. They say Stabile has agreed Barnett was diagnosed with dementia in February 2004, and that medical records show Stabile accompanied him to that doctor’s appointment.

Further, Gwen Barnett died May 9, 2004, but the embezzlement took place between May 2004 and “some time in 2005.” Prosecutors contend Gwen Barnett could not have directed her husband’s finances during the bulk of the time Stabile is accused of stealing the money because she was already dead.

“For [Stabile] to claim that he was ‘not aware’ of Lee Barnett’s dementia is ludicrous,” prosecutors say.

Sentencing is scheduled for August. The sentencing hearing will take two to three hours, depending on witness testimony.

Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com