Man in power theft gets 12-month probation

The Superior Court has imposed a 12-month probation sentence on a man who was convicted in connection with the theft of power utilities worth $1,526.15 within a six-month period.

Associate Judge Ramona V. Manglona sentenced Aaron Dean Tawney to one year in prison, all suspended upon his compliance with the terms and conditions of his 12-month probation.

Manglona said that among the conditions is that the 41-year-old Tawney shall pay a $500 fine, $100 court assessment fee, and shall keep all scheduled appointments with a probation officer.

The judge ordered the defendant to return to court for a review hearing on Oct. 28, 2008 at 9am.

“Defendant’s failure to appear will result in the issuance of a bench warrant,” said Manglona in the written order issued Friday.

In July 2007, the Attorney General’s Office charged Tawney with theft of service and receiving stolen property.

Tawney and counsel George Anthony Long signed a plea agreement with the government. Tawney pleaded “no contest” to receiving stolen property.

A defendant pleading a “no contest” does not admit or deny criminal charges, but elects not to contest them. It is tantamount to an admission of guilty.

In her order, Manglona said the charges were theft of services of power utilities estimated at $1,526.1 and receiving stolen Commonwealth Utilities Corp.’s electric meter.

Manglona said the date of the incident and the filing of the charges occurred prior to the enactment of Public Law 15-74, the Theft of Utilities Act of 2006, which was signed into law in July 2007.

However, the judge noted, Tawney availed himself of the 90-day amnesty period by Public Law 15-74 and paid full restitution for the utility services, and the electric meter was recovered by CUC.

“In considering whether to accept the parties’ plea agreement, this court was mindful of the dire financial state of CUC’s situation and was therefore hesitant to accept a disposition which did not include any actual incarceration,” she said.

However, Manglona said, both counsel for the government and Tawney represented to the court that based on their knowledge of the facts of this case and of the defendant’s background, they recommended the no-jail disposition.

“Although one of the Legislature’s purpose of passing Public Law 15-74 was to deter other crimes from committing thefts of utility services, they did provide for a limited amount of amnesty period that would prohibit the punishment of anyone who voluntarily came forward,” she said.

Manglona said that Tawney availed himself of this mercy under the new law, and “this court found it reasonable to extend such a similar clemency upon the attorneys’ recommendation.”

According to the factual basis for the agreement, on or between Sept. 1 and Dec. 12, 2006, Tawney “purposely received and possessed one electric meter of another “knowing it had been stolen, or having reasonable cause to believe under all of the circumstances that it had probably been stolen.”

On Aug. 16 and 22, 2007, Tawney made payments to CUC in the amount of $30 and $1,600, paying in full the $1,526.15 as charged.

The payments were made within the 90-day amnesty period provided by House Bill 15-69, which was signed into law in July 2007.