PROVO Police say he stole a computer; he argues he bought it stolen and should also be considered as a victim since he's out money and without a computer.
But prosecutors sided with police, and on Wednesday actor Michael Birkeland known for his role in LDS films like "The Home Teachers," "The R.M.," "The Singles Ward," and "Church Ball" was sentenced on a class A misdemeanor of theft.
Fourth District Court Judge Claudia Laycock ordered Birkeland serve 12 days of work diversion, with credit for three days he served in jail, and spend 12 months on court probation.
Birkeland, 37, pleaded no-contest several weeks ago almost out of frustration because the situation became a ping-pong game of he said/she said.
"I gotta be able to live," he said. "I can't have this over my head. I have nothing in my history of stealing anything. I'm a good guy. I'm not worried about it."
In April, Birkeland attended an art class at Utah Valley University with a now ex-girlfriend. Police allege he walked out with the professor's Mac laptop.
Birkeland denies that and said his ex-girlfriend could confirm he left empty handed; however, he says a bad breakup soured her decision to speak out in his behalf.
He said he purchased a computer soon after through a seller he met via Craig's List, and when he logged on, the on-line chatting program Skype booted up.
Skype was still programed to run the professor's son's account and when the professor's other children saw who they thought was their brother online, they tried to contact him.
Birkeland said he has never used Skype and didn't know why random females were trying to chat with him.
The girls told him the laptop was their dad's and when they said they could see him through the computer's camera, Birkeland said he was a bit alarmed, and, not knowing who they were, tried to cover the camera. Police say he covered the camera to avoid being seen using the stolen laptop.
While chatting, Birkeland asked for the professor's number and called him, saying he believed he had purchased his stolen computer, according to a police report.
Birkeland also called Orem Police to report that he believed he had purchased a stolen lap top, and gave them the information about the seller he met in person, according to Birkeland and UVU police reports.
While police say Birkeland never gave them detailed enough information to find the seller, Birkeland alleges that police didn't take his information seriously and do enough to try to find the man.
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