Con men serving time, but not in jail

Two con men sentenced to one year each in county jail are nearly four months into their terms -- without having spent one day behind bars.

Lonni Ashlock and Ronald Buhler, who prayed with vulnerable families before swindling them out of their homes, on Monday wore electronic monitoring bracelets on their ankles at a restitution proceeding. They have had the bracelets since being assigned to home detention in early November, said a spokesman for the Stanislaus County Sheriff's Department, which runs the jail.

Ashlock, 57, of Waterford, and Buhler, 27, of Riverbank, pleaded no contest to six felony counts in September, avoiding trial on 50 charges and possible terms in state prison. They agreed to pay unspecified restitution to 19 and 20 families, respectively.

Since then, they've been seen in places around Modesto such as a restaurant and movie theaters.

In the fall, the Stanislaus County Probation Department began using ankle bracelets and global positioning system units to track high-risk probationers such as sexual predators and gang members. But jailers for years have used similar devices on a much different sort -- low-risk, nonviolent offenders serving their sentences -- to ease crowding, deputy Royjindar Singh said.

Neither Ashlock nor Buhler had criminal records before their convictions.

Those wearing ankle bracelets must clear trips with an officer monitoring their locations, Singh said. Although both men were sentenced to one year in county jail, he said, they are expected to be "released" from electronic monitoring four months early, in early July, with credit for good behavior and work time.

Modesto attorney David Jamieson, who represents 17 of 22 families suing Ashlock and Buhler, said of the defendants' custody status: "That's in the district attorney's arena. My job is to get civil justice for my clients. I have nothing to do with whether they go to jail."

In a written statement, prosecutor Marlisa Ferreira said: "The district attorney's office has no influence one way or another regarding whether a defendant who has been sentenced to local jail time receives the electronic monitoring program. That discretion lies solely with the sheriff's office."

A Bee review showed Ashlock and Buhler acquired at least 142 properties from owners facing foreclosure. They posed as Christians with big hearts and big wallets, then duped owners into signing over deeds, according to court testimony.

Attorneys negotiated for months without success on how much the men should repay victims. The men's lawyers argued in court briefs that compensation should be tied to equity of the homes at the time Ashlock and Buhler gained title. But prosecutors and victims' attorneys noted that the men "reaped a substantial windfall and profits" by reselling many homes to third parties, and argued that victims should get some of that money.

Most properties face foreclosure

Most of the properties in dispute face foreclosure.

At Monday's hearing, Judge Hurl Johnson said neither side should take the spoils. He is expected to rule at a formal restitution hearing scheduled for March 28.

Ferreira partially justified the plea bargains when the men were sentenced in September by noting that they would earn nothing toward restitution if sentenced to state prison. Buhler left Monday's hearing early to attend work, his attorney said.

Two banks tipped off prosecutors late last summer that Ashlock had written six checks totaling nearly a half-million dollars in an attempt to hide assets, according to court documents, before Ferreira froze them.

Bee staff writer Garth Stapley can be reached at gstapley@modbee.com or 578-2390.