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An Athens man still serving probation on a rape conviction was arrested Friday on a charge of first-degree theft by deception for allegedly failing to complete vehicle repairs despite being paid, an official said.

The mere arrest of on the charge could send Austin Smith Clem, 28, of 607 Corum Circle — who received no jail time on his 2013 conviction for rape — to prison for 35 years. 

According to Deputy Stephen Young, public information officer for the Limestone County Sheriff’s Office, the alleged theft victim reported on March 28 that Clem worked at Extreme Performance and was paid $3,000 for the vehicle repairs.

“Clem allegedly refused to return any of the money or complete the work despite being requested to do so for several weeks,” Young said.

During the course of the investigation, officials determined probable cause existed for Clem’s arrest, Young said.

Still on probation

Clem is still on supervised probation from a September 2013 conviction on one count of first-degree rape and two counts of second-degree rape. The crimes involved a family friend, babysitter and neighbor who was ages 14 and 18 when the rapes occurred. She said she had gone back to Clem’s apartment when she was 18 to see the children she once babysat and was raped again. 

Clem’s sentence on the rape counts was controversial.

Former Circuit Judge Jimmy Woodroof Jr. ultimately sentenced Clem to 15 years for first-degree rape and two 10-year sentences for second-degree rape — a total of 35 years. However, the judge suspended the prison time, gave Clem credit for time already served in the county jail — 66 days, and ordered him to serve five years of supervised probation on each count of rape. He was ordered to register as a convicted sex offender, pay $1,631 in restitution and a $750 bail bond fee. He was also ordered to maintain a job, complete counseling, have no contact with the victim or her family, pay court-ordered fees related to probation and comply with the other conditions of his probation order.

Could face 35 years

Clem’s probation order in connection with the rape conviction lists numerous conditions he must meet to remain on probation. Among them is not violating any local, state or federal law. Limestone Circuit Judge Chadwick Wise could choose to revoke Clem’s probation and reinstate the original prison sentence even if he is never convicted on the theft by deception charge.

Clem remained in the Limestone County Jail Monday with bail set at $5,000 on the theft by deception charge.

He cannot be released because the State of Alabama Parole and Probation Office in Athens placed a hold on him over the probation violation.