A man who got out of prison early last year because of the state Supreme Court’s Blake decision is accused of stealing a car from an Oak Harbor tow yard and crashing it through a gate Feb. 6, according to court documents.

Prosecutors charged 26-year-old Justin Keen of Langley in Island County Superior Court with theft of a motor vehicle, malicious mischief in the first degree, criminal impersonation in the first degree, identity theft in the second degree and vehicle prowl in the second degree.

If convicted of the charges against him, Keen could face up to four years and nine months in prison under the standard sentencing range.

According to a report by an Oak Harbor detective, witnesses at A1 Towing reported hearing a sudden revving sound and then a crashing noise as a white car broke through a gate that secured the impound area at about 6:30 a.m. The car then sped off recklessly on Northeast 16th Avenue. A van parked nearby that witnesses thought was associated with the car theft also drove off, the report states.

A driver later reported the car traveling recklessly and speeding through Oak Harbor.

Detectives went to the scene and learned that the stolen car, a 1990 Acura Integra, had been impounded after a traffic accident; it was considered by the insurance company to be totaled, the report states.

In addition, a personal vehicle of an employee had been broken into. The ignition and steering column were dissembled and damaged when someone attempted to steal it, the report indicates. About $900 worth of camping and search-and-rescue equipment was taken.

The gate sustained $5,000 in damage.

The detectives located a section of a fence that had been cut to gain access to the yard.

The next day, a deputy with the Island County Sheriff’s Office stopped the suspected van north of Oak Harbor. Keen was a passenger in the van and gave the deputy a fake ID, the report states.

The driver of the van said he gave Keen a ride to the tow yard the previous day to steal items, but he didn’t know he was going to steal an entire car, the report states.

Court records indicate that Keen has an extensive criminal record, including convictions for possession of stolen vehicles and hit and run.

In court Wednesday, Chief Criminal Deputy Prosecutor Eric Ohme explained that Keen was released from prison early last year because of the state Supreme Court decision in State v. Blake. The high court struck down the state’s drug possession law, finding that it violated the due process clause of the Constitution.

As a result, the criminal records of thousands of people across the state had to be corrected to take off drug possession charges. People in jail or prison on drug charges had their sentences reduced or eliminated.

In July 2020, Keen was convicted of unlawful possession of a firearm and possession of meth and sentenced to 43 months in prison.

After the Blake decision in May 2021, Keen returned to court and the meth charge was dismissed. Because past drug charges could no longer be considered as part of his criminal record, the standard sentencing range he faced was greatly diminished. He was sentenced to 16 months and was released last year.

Since his release, Keen was charged with unlawful possession of a firearm and DUI in Skagit County.

In court this week, Judge Carolyn Cliff set Keen’s bail at $35,000. She said it was “a mercy nobody got hurt” due to the crimes Keen is accused of committing.