Wednesday, November 19, 2008 10:08 PM CST
Restitution ordered in $19,000 copper wire theft
By DAVE FOPAY, Staff Writer
dfopay@jg-tc.com
CHARLESTON — A Mattoon man was ordered to pay a share of more than $19,000 in restitution when he admitted that he had a role in the theft of copper tubing from five air conditioning units in March.
Benjamin O. Smith, 51, 1200 N. 11th St., pleaded guilty to stealing the copper from trailers at the Old State Village mobile home park, from the former Epperson Funeral Home building and from the Church of Christ.
The value of each theft made the offenses felonies that could have resulted in prison sentences of two to five years. However, in the agreement reached in Smith’s case, he was placed on probation for 2½ years.
The terms of Smith’s probation sentence included the restitution payment, but he’ll receive credit for anything a co-defendant pays if he’s convicted and restitution is ordered. The case against the co-defendant, Jimmie A. Nichols, 18, 2916 Pine Ave., Mattoon, is pending and he’s scheduled to return to court on Dec. 18.
Other probation terms for Smith included substance abuse treatment and other counseling. Circuit Judge Teresa Righter accepted a plea agreement that Assistant State’s Attorney Kerri Davis and defense attorney Jeannine Garrett recommended.
In other property crime cases in court recently, Righter also accepted negotiated guilty pleas from:
-Rachel L. Binder, 21, 800 Westchester Place, Charleston, to a charge of allowing misuse of a credit card alleging she let a man use her card for fraudulent purchases on April 3.
The charge was reduced from a felony to a misdemeanor and Binder received two years of court supervision, meaning she won’t have a record of a conviction if she follows requirements. A disorderly conduct charge accusing her of making a false report to police that the card had been stolen was dismissed.
Terms of her sentence included payment of $600 in restitution and a $250 fine. Assistant State’s Attorney Eric Neumann and defense attorney William McGrath recommended the plea agreement. The case against the man who allegedly used the card, Rafeon E. Young, 25, of Chicago is pending and his next hearing is scheduled for Dec. 8.
- Billi Jo Gray, 32, 2813½ Pine Ave., Mattoon, to forgery charges alleging she made purchases with checks on a man’s account at various Mattoon businesses on March 27, 2006.
Burglary charges alleging Gray entered the Mattoon Wal-Mart on the same day and Courtesy Cleaners in Charleston on June 26, 2007, intending to commit other thefts were dismissed. She was placed on probation for 2½ years with terms including payment of just more than $1,300 in restitution and substance abuse treatment.
Gray also received jail time but that was stayed, meaning she won’t have to serve it if she follows the other terms of her sentence. Assistant State’s Attorney Mick McAvoy and Garrett recommended the plea agreement.
-Brittany Rae Young, 18, 123 Vine Ave., Charleston, to a misdemeanor theft charge alleging she stole jewelry and other items from a Charleston residence on May 17 of last year.
A felony residential burglary charge that would have required prison time was dismissed, and terms of Young’s two-year probation sentence included payment of about $1,000 in restitution and fines, no contact with the victims and stayed jail time. State’s Attorney Steve Ferguson and Garrett recommended the plea agreement.
-Anthony K. Hamilton, 22, 701 17th St. No. 1, Mattoon, to a theft charge alleging he stole a 1990 Dodge automobile on Dec. 11. He was placed on probation for two years and ordered to pay just more than $1,000 in restitution. McAvoy and Garrett recommended the plea agreement.
Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.
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