A gender fluid and nonbinary former senior energy department official known for wearing dresses and stilettos, Sam Brinton, has dodged jail time and the disgrace of a felony conviction by pleading no contest in Nevada to theft. The nuclear engineer and LBGTQ activist faces similar charges in Minnesota and is also being investigated by Houston authorities — all for stealing women’s luggage and clothing from airports.  

The former deputy assistant secretary of spent fuel and waste disposition received a 180-day suspended jail sentence and was ordered to pay a $3,670 fine after pleading no contest to theft. The charge, considered a felony by Nevada law, was titled a misdemeanor as part of a plea deal. 

Amid disclosures about the legal travails, the Department of Energy fired Sam Brinton on December 12, 2022. A representative of the DOE told the Daily Beast that Sam Brinton “is no longer a DOE employee. By law, the Department of Energy cannot comment further on personnel matters.” 

Sam Brinton, who identifies under the pronouns of they/them, was caught by surveillance cameras stealing a suitcase in the baggage claim area of Las Vegas’s Harry Reid International Airport in July 2022. The bag, described as a gray carry-on from the high-end luggage brand Away, was worth $320. It contained items including jewelry, makeup, contact lenses, and clothing, escalating the bag’s value to more than $3,600, according to Las Vegas Justice Court records.

Nevada law says that if the value of the stolen item is less than $1,200, the person who committed the theft is guilty of a misdemeanor. If it is worth more than $1,200 but less than $5,000, the person is guilty of a category D felony, which requires imprisonment for a minimum of one year and a maximum of four. 

Despite Sam Brinton’s crime being titled a felony under Nevada law, the LGBTQ activist was charged with a misdemeanor in exchange for an admission of guilt. “The end result is not unusual,” a Las Vegas criminal attorney, James Gallo, tells the Sun.

“In fact, if the defendant has no criminal history it would be more common for the case to be dismissed with payment of restitution and completion of a counseling course,” Mr. Gallo adds.

The Las Vegas Metropolitan Police Department did not respond to The New York Sun’s request for comment. It’s unclear if Sam Brinton will be required to attend counseling.

The Las Vegas theft is not the only incident of purloined luggage the engineer activist is facing. Sam Brinton was accused of stealing another bag in September from the Minneapolis-St. Paul International Airport. A criminal complaint filed on October 27, 2022, to Minnesota’s 4th Judicial District Court says that Sam Brinton grabbed a navy blue roller bag from baggage claim, removed the tag, and “left the area at a quick pace.” The victim estimates that the bag had a value of $2,325. 

When questioned about the missing bag, Sam Brinton said: “If I had taken the wrong bag, I would be happy to return it, but I don’t have any clothes for another individual,” according to the complaint.

Two hours later, Sam Brinton apologized for not being “completely honest” about taking the bag. Under Minnesota law, the nuclear engineer could be charged with a maximum sentence of five years in prison, a $10,000 fine, or both. The lawsuit is ongoing.

This case is probably why Sam Brinton was required to plead guilty in the Las Vegas case, Mr. Gallo says. “Hard for a defense attorney to argue that it was an isolated lapse in judgment,” he adds.

Sam Brinton is also under investigation after a Tanzanian fashion designer, Asya Khamsin, said in February 2023 that she saw the ex-official wearing her personally designed clothes that went missing at Ronald Reagan Washington National Airport in 2018. The clothes were one-of-a-kind designs, she claims. Ms. Khamsin filed a police report in Houston in December 2022.

The Department of Energy did not respond to the Sun’s request for comment. 

Sam Brinton became deputy assistant secretary for spent fuel and waste disposition in the Department of Energy Office of Nuclear Energy in June 2022.