Thief Faces Life Term Under ‘3 Strikes’ Law : Crime: The county’s first defendant convicted under the law will be in prison for at least 20 years for his third felony, stealing a BMW. He says he supports the legislation, but only for violent criminals.

As Orange County’s first defendant convicted under California’s “three strikes” law, Thomas G. Cargill faces the same sentence as a murderer. But Cargill’s crime was stealing a BMW convertible from a used car lot.

“I still can’t believe this, I’m in shock,” Cargill, 35, said Thursday during an interview at the Central Men’s Jail.

A Superior Court jury deliberated just over an hour Wednesday before convicting the Huntington Beach man of stealing the car. It was Cargill’s third felony conviction, which means he is now eligible for a prison term of 25 years to life when he is sentenced Nov. 3.

“I’ll admit it, I started to cry when the jury came back,” he said.

Defense attorney Larry Bruce questioned the cost of keeping someone such as Cargill in prison for at least 20 years--the time he must serve before becoming eligible for parole. Before the new law, Cargill would have faced a maximum of six years in prison, Bruce said.

State Department of Corrections officials estimate it costs an average of $20,760 to house an inmate for one year--or at least $420,000 to keep Cargill in prison until 2014.

“If I did something wrong, send me to prison,” Cargill said. “But I just can’t believe I deserve 25 years to life in prison for this.”

A native of Scotland, Cargill grew up in Huntington Beach, surrounded by a loving, comfortable family. He toyed with business ventures but says he also dabbled in property crimes, mainly to see what he could get away with.

He conceded his prior two convictions on burglary charges and a history of car thefts have finally caught up with him.

Cargill said he is innocent of the current charges against him, but said he knows his background will remind people of the “little boy who cried wolf.”

Cargill, however, said he believes he received a fair trial and even said he fully supports the “three strikes” legislation--but only when it is applied to violent criminals.

Gov. Pete Wilson signed the legislation in March following public outrage that Richard Allen Davis, the man accused of killing of 12-year-old Polly Klaas in Petaluma, had a lengthy criminal history.

The new law tallies up strikes for each violent or serious felony--ranging from burglary to murder. A defendant strikes out with a third felony--any felony--whether it’s drug possession or petty theft with a prior conviction.

“I’m not downplaying the seriousness of the crimes I’ve been accused and convicted of, but I believe this law was aimed at guys like Davis,” Cargill said. “I just don’t think I fall into that category.”

Cargill said he has been trying not to dwell on the future or his past, but the possibility of life in prison keeps haunting him. It hit him again Thursday morning as he was reading People magazine in his cell.

“It just suddenly hit me,” he said. “I’m reading about stuff that’s outside, things I might never take part of again.”

Orange County Superior Court Judge Luis A. Cardenas scheduled a sentencing hearing Nov. 3. He must first determine whether Cargill’s prior convictions--as alleged by prosecutors--are valid, said Deputy Dist. Atty. Stephen Sauer.

If he does find them valid, “it’s my understanding of the law that his hands are tied, the judge must sentence him to 25 years to life,” Sauer said.

Bruce said he is hoping for--but not confident of--a last-minute reprieve for his client. “I believe the courts have an inherent power to make the punishment fit the crime, but I’m not sure what can be done in this case,” Bruce said.

Bruce said the case went to trial because his client contended he was innocent, but also because there was nothing to lose by doing so.

Some in Orange County’s legal community believe the court system could be clogged with “three strike” defendants demanding trials, while many judges say they are prepared to do whatever it takes to process the cases.

Cargill said his conviction has made many inmates in jail sit up and take notice.

“Before this, guys accused of a lot worse were all saying ‘Oh, they’ll change the law, don’t worry, they’ll never do it,’ ” Cargill said. “Now, they’re looking at me and going, ‘Uh, oh.’ ”