The theft charge filed against former Davenport basketball standout-turned coach Paul Doerrfeld was dismissed by a judge Monday, saying violations of employment contracts do not, as a rule, constitute a crime.
Doerrfeld faced a charge of second-degree theft, a felony, in a dispute over a non-compete clause between him and Docuforms. The criminal complaint said that while Doerrfeld worked for Docuforms, he created a new company named Premier Partner LLC and diverted sales from Docuforms.
“Mr. Doerrfeld stole customers. He stole accounts. He deceived his employer. No court or reasonable person would condone Doerrfeld’s actions. However, that is not the issue before this court. The Court finds the customers and accounts purchased from his new company willingly,” Judge Mary Howes wrote in her decision.
“The court finds no proof that customers were in the dark as to what was going on. They were contacted at some point by Mr. Doerrfeld and told the orders were switched to Premier Partners LLC and none of them objected” for two reasons: They considered themselves Doerrfeld’s customers and they were getting a better price, Howes wrote.
Howes acknowledged Doerrfeld’s actions did reduce Docuform’s profits. “There is no published Iowa criminal case with facts matching this case, and the court declines to make new law by declaring Doerrfeld’s actions a crime.”
Murray Bell, Doerrfeld’s attorney, asked the court to dismiss the charges, saying Doerrfeld’s actions were not criminal. “The court believed us,” he said. An attorney for Docuforms could not be reached for comment.
Docuforms also has sued Doerrfeld in civil court. Doerrfeld has filed for bankruptcy.
Doerrfeld worked for Docuforms from October 2001 to June 2005. The company’s lawsuit said it spent resources training Doerrfeld, who had access to its confidential business information while he attempted to solicit clients over to his business.
Doerrfeld was an all-stater at Davenport West in the mid-1980s before becoming a three-year starter at Iowa State. He played on two NCAA tournament teams and served as the Cyclones’ captain in 1990-91.
He played overseas after he graduated from Iowa State in 1991. Before being named head coach at Des Moines’ Roosevelt High School in 2001, he served as sophomore boys coach at West and Central. He also worked as an assistant women’s coach at the former Mount St. Clare College in Clinton, Iowa.
In 2005, he coached an International Basketball League team out of Des Moines. That team no longer exists.
Ann McGlynn can be contacted at (563) 383-2336 or amcglynn@qctimes.com.