Judge agrees to suspend sentence of theft suspect orders mental evaluation

NASHUA – While she admitted having difficulty understanding why repeat theft suspect Jason Kasilowski felt the need to steal from stores even though he makes good money, Judge Jacalyn Colburn nevertheless agreed this week to give Kasilowski a suspended prison sentence if he gets a mental health evaluation.

“I don’t know what’s going on with you, Jason,” Colburn said, asking Kasilowski if he currently is working.

“Yes,” he replied, telling the judge he works in the paving industry. “I make good money.”

“Then why do you need to steal … cans of tea?” Colburn asked. “I don’t know,” Kasilowski responded.

The tea is among the mostly inexpensive items that Kasilowski, 42, of Lowell, Mass., has been charged with taking from two local convenience stores and Kohl’s department store, leading to this week’s plea and sentencing hearing on three felony counts of theft.

According to recent police reports, two of Kasilowski’s arrests occurred this year. Both are felonies, due to his previous convictions for theft.

He was first charged with stealing two mobile phones and chargers from Kohl’s in January, then with stealing three cans of Twisted Tea from a Nashua Cumberland Farms in August.

Colburn at this week’s hearing sentenced Kasilowski to 1 1/2 to 3 years in New Hampshire State Prison, all suspended for two years, in exchange for his guilty pleas to the three charges.

Conditions of sentencing include he not be arrested for any offenses and otherwise remain on good behavior.

The suspended sentences are to run concurrently, meaning at the same time. If prosecutors motion the court to impose the sentence, Kasilowski will receive 14 days credit for time already served.

He also must obtain a mental health evaluation, and is ordered to stay away from the three stores he is accused of stealing from.

Colburn scheduled a hearing for 9 a.m. on Jan. 24 to review the status of the case.