Sex crime nets former law officer probation

NEZPERCE - A former Idaho County sheriff's deputy who pleaded guilty to a felony sex offense was sentenced to six years' probation Tuesday in 2nd District Court here.

Daniel L. Funderburg, 31, was ordered by District Judge John Stegner to pay $5,000 in restitution to the victim, along with $530 in court costs, after pleading guilty in January to felony lewd and lascivious acts with a minor child 16 to 17 years of age.

Stegner sentenced Funderburg to six years in the penitentiary, but that sentence was suspended in favor of the probation. The former deputy must also register as a sex offender and undergo periodic polygraph tests while on probation.

Funderburg was arrested in December on a charge of having a sexual relationship with the girl last July and August. He initially was placed on paid administrative leave pending the outcome of the case, but his job was officially terminated with the sheriff's office Dec. 28, Idaho County Clerk Kathy Ackerman said.

In a related case, Lewis County Prosecutor Zachary Pall declined to comment Tuesday on whether he plans to file charges against Idaho County Sheriff's Office Chief Deputy Jim Gorges.

Gorges was named in an investigative report on Funderburg in which Gorges allegedly "worked everything out" with the mother of the victim, and assured Funderburg that the family did not intend to press charges, according to court records.

The Kootenai County Sheriff's Office determined Gorges did not violate any departmental policies or procedures. Idaho County Sheriff Doug Giddings has repeatedly expressed full confidence in Gorges and said the chief deputy did nothing wrong in relation to Funderburg's case.

Pall was appointed as a special prosecutor to look into whether Gorges committed any criminal act.

During the hearing Tuesday, Funderburg expressed remorse and tearfully apologized to the victim, her family and his family. He also apologized to the Idaho National Guard, of which he was a member, and the Idaho County Sheriff's Office.

"I hope they can forgive me," Funderburg said.

The relationship didn't start out to be sexual, he said. He was depressed about a break-up with a former girlfriend and started talking to the 16-year-old girl.

"I felt as though she understood what I was going through," he said.

Funderburg pleaded with the judge not to send him to prison. Because of his background as a law enforcement officer, "I would not survive in prison. Please let me prove that this was an isolated criminal act and I am not a child molester," he said.

Stegner noted Funderburg's lack of criminal background, his record as a war veteran and testimony from his former girlfriend that he is a "good father" to their 18-month-old son.

But, the judge said, Funderburg's actions with the 16-year-old girl were "illegal, immoral and improper."

"None of us can change yesterday," Stegner said. "We can only change our future."

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Hedberg may be contacted at kathyhedberg@gmail.com (208) 983-2326.