photo by: Douglas County Sheriff's Office

Ethan Cade Waters

Updated at 5:15 p.m. Monday, Oct. 12

A man who was caught stealing tens of thousands of dollars from a Lawrence grocery store in May will have his felony case dismissed if he pays back $25,000 over three years and does 20 hours of community service, among other conditions of his diversion agreement with the Douglas County District Attorney’s Office.

A diversion agreement is an alternative to a traditional prosecution. If its terms are satisfied, the criminal charge is dismissed and typically expunged from the person’s record as though it never happened.

Douglas County DA Dakota Loomis told the Journal-World that after consulting with the victim, Dillons, it was determined that diversion for the defendant, Ethan Cade Waters, “was the best possible method to make (the store) whole.”

“The defendant has agreed to full restitution, a result that could not have been enforced through a criminal sentence,” Loomis said. “Additionally, his diversion period will be three times the length of the standard supervision period and failure to pay back Dillons fully will result in a felony conviction and additional supervision.”

Waters, 21, recently admitted taking nearly $50,000 from the Dillons store at 3000 W. Sixth St., where he worked. He stipulated in the diversion agreement that he was caught red-handed on video “feeding money into the inner safe of the Cash Count room while palming cash with my left hand and securing the cash into my personal jacket.”

The video footage confirmed $25,000 was taken, but Waters estimated he had taken “approximately $47,000,” while store records showed “approximately $50,000 in shortages,” according to the agreement.

Waters said that he took $9,000 on one occasion, $10,000 on another and a “couple thousand dollars” on subsequent occasions.

The store’s asset protection manager, agreeing that Waters had taken at least $45,000, told the arresting officer that he had entered into a “civil agreement” for $14,000 that had been returned, plus $6,000 more, but he said he desired to press charges on the remaining $25,000.

The diversion agreement specifies only that he used the money for “personal reasons.” But his arrest affidavit alleges that he told police that he used some of the money to buy a high-end gaming computer and Magic the Gathering trading cards. He also indicated that he took the money to help his father, but the affidavit does not specify anything about the father’s situation or why Waters thought he needed help.

In the diversion agreement, Waters agreed to pay back $800 per month over the course of three years. He also must abstain from drug and alcohol use during that time, perform a minimum of 20 hours of community service and complete a theft offender program through Heartland Clinical Consultants.

If Waters fulfills the terms of the diversion agreement, the felony charge against him will be dismissed with prejudice, meaning it cannot be brought again. If he violates the diversion agreement, prosecution will resume without rights to a speedy trial, a preliminary hearing or a trial by jury.

The court, finding that Waters is indigent, waived all fees associated with his publicly funded defense attorney.

photo by: Journal-World

A page from Ethan Waters’ diversion agreement with the Douglas County District Attorney’s Office.