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The Houston, Texas man accused of stealing from a bank ATM in LeRoy in January has avoided prison after being sentenced to probation during a court appearance Thursday in Mower County District Court.

Markell DeShawn Kinney, 22, was sentenced to two years supervised probation for each of three felony counts including fleeing a peace officer in a vehicle, first degree damage to property and theft. All sentences are to run concurrently and provided he follows conditions keeps Kinney from 12 months of prison time. He was given credit for 57 days already served.

A fourth count of felony receiving stolen property was dismissed.

The sentence follows a plea agreement in March of this year.

According to the Mower County court complaint, Mower County Sheriff’s deputies were dispatched to the First State Bank in LeRoy for an ATM alarm at around 3:30 a.m. on Jan. 11.  

A responding deputy arrived and witnessed a silver, four-door truck described by an individual living next to the bank, minutes later and attempted to follow.  

The truck, later identified to be driven by Kinney, eventually rolled on a gravel road, but the complaint said that Kinney was able to get away on foot until later being arrested in Stacyville.  

It was stated in the complaint that according to the bank, the ATM’s cassette was likely holding between $20,000 and $50,000. It was also estimated that the value of the ATM was $35,763.