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8 charged with stealing from freight trains

Craig Davison
For The News-Dispatch

LA PORTE - A federal grand jury has charged seven La Porte men, including a local business owner, with stealing items from freight trains and later selling them to local residents and businesses.

The seven men, along with a Portage man, were charged with 24 counts, including conspiracy, theft and disabling railroad equipment.

Ryan "Barney" Mrozinski, owner of Barney's Westside Market in La Porte, also operated liquor stores in the La Porte area with his family. He allegedly would purchase stolen liquor, particularly Crown Royal whiskey, from James Newland and sell it at the stores, according to the indictment. He also would stockpile stolen liquor in his family's stores.

Newland, 30, La Porte, was a conductor for Norfolk Southern and is accused of recruiting Phillip Montorsi, 27, Victor Montorsi, 33, William Montorsi, 31, all of La Porte, and John Frederick, 35, Portage, to steal items from Norfolk Southern and CSX trains and sell them.

The indictment names 18 acts of theft that took place from April 2006 to May 2008. The items stolen tended to be "relatively high-priced, small-sized and easy to distribute," according to the indictment. Items taken from the trains include TVs, liquor, cigarettes, shoes, printers, tools, diapers, golf balls and lawn mowers.

Newland, Victor Montorsi, who was a conductor with Norfolk Southern, and Frederick, who was an engineer with Norfolk Southern, would meet and listen to a Norfolk Southern radio for communications from the trains. The three, sometimes with Phillip Montorsi and William Montorsi, would target trains that were already stopped on a railroad or slow-moving trains, which they would force to execute an emergency stop. They would then board the trains and steal the items.

Mrozinski, 30, John Patrick, 42, and Joseph Phelps, 30, also of La Porte, would receive stolen items from Phillip Montorsi, Victor Montorsi and Newland and use them for personal purposes or sell them, according to the indictment. It also states Mrozinski allegedly attempted to influence the statements of individuals with knowledge of the thefts and people who bought stolen items.

The indictment states Victor Montorsi stored stolen items in the home of his relatives and attempted to influence his relatives' statements during the investigation.

Patrick was arraigned Monday in the South Bend Division of the United States District Court. Newland, Mrozinski, Phelps and Victor Montorsi were expected to be arraigned Tuesday in court.

Court dates have not been set for Phillip Montorsi and William Montorsi.





Who sold what
By Craig Davison

For The News-Dispatch

LA PORTE - The indictment that accuses seven La Porte men and a Portage man of stealing from freight trains, selling stolen property or receiving stolen items cites multiple instances where they illegally sold the goods.

The men, James Newland, 30; Ryan "Barney" Mrozinski, 30; Phillip Montorsi, 27; Victor Montorsi, 33; William Montorsi, 31; John Patrick, 42; Joseph Phelps, 30, all of La Porte, and John Frederick, 35, Portage, face 24 counts in the South Bend Division of U.S. District Court.

Newland, Victor Montorsi and Frederick, sometimes with Phillip Montorsi and William Montorsi, allegedly took part in stealing from the trains, according to the indictment. Only Frederick was not listed in the 17 instances of selling or buying stolen property.

According to the indictment, the following sales took place:

• In June 2006, Newland sold Mrozinski a case of vodka.

• In June and July 2006, Victor Montorsi sold multiple pairs of Timberland boots and Nike shoes at a flea market in Shipshewana.

• In 2007, Mrozinski sold 11 23-inch TVs to another individual in La Porte.

• In 2007, Newland sold Mrozinski a TV, which Mrozinski sold to another individual.

• In 2007, Newland sold Mrozinski 15 TVs.

• In 2007, Newland sold Mrozinski 12 TVs.

• In 2007, Mrozinski sold two cases of Crown Royal whiskey to another individual in La Porte.

• In 2007, Mrozinski sold a 23-inch TV to another individual in La Porte.

• In 2007, Phelps sold seven TVs to another individual in La Porte.

• In October 2007, Mrozinski sold three 23-inch TVs to another individual.

• In October or November 2007, Mrozinski sold two TVs to another individual in La Porte.

• In November 2007, Victor Montorsi sold multiple printers through eBay.

• In May 2008, Phelps sold another individual one case of Marlboro cigarettes.

• In May 2008, Phelps sold another individual more than one case of Marlboro cigarettes.

• In January 2008, Victor Montorsi sold a printer through eBay.

• In April or May 2008, William Montorsi sold an individual multiple packs of Marlboro cigarettes.

• In May 2008, Phillip Montorsi sold Patrick multiple cases of Marlboro cigarettes.

A timeline of the freight-train thefts
By Craig Davison

For The News-Dispatch

LA PORTE - The federal indictment against seven La Porte men and one Portage man accuses them of committing 18 thefts from freight trains and selling stolen items from April 2006 to May 2008.

The men, James Newland, 30; Ryan "Barney" Mrozinski, 30; Phillip Montorsi, 27; Victor Montorsi, 33; William Montorsi, 31; John Patrick, 42; and Joseph Phelps, 30, all of La Porte, and John Frederick, 35, Portage, face 24 total counts of conspiracy, theft and other charges.

Newland, Victor Montorsi and Frederick, sometimes with Phillip Montorsi and William Montorsi, allegedly would target trains that were already stopped or slow-moving trains, according to the indictment. They would force slow-moving trains to execute an emergency stop by removing a pin between two cars or by disconnecting the air-brake hose at the rear of the train.

Mrozinski, Patrick and Phelps allegedly received stolen items and used them for personal purposes or sold them, according to the indictment.

The grand jury indictment, filed in the South Bend Division of the United States District Court, accuses them of several specific thefts:

• On April 14, 2006, 20 cases of Clan MacGregor blended scotch whiskey were removed from a CSX train traveling from New Jersey to Chicago.

• On April 25, 2006, 17 flat-screen computer monitors and 10 cases of tennis shoes were removed from a Norfolk Southern train traveling from Chicago to Pennsylvania.

• On June 8, 2006, two pins were removed from Norfolk Southern train cars, causing the train to separate in two places. During the 45-minute delay, 22 cases of Smirnoff vodka were removed from the train.

• On Oct. 20, 2006, six 42-inch TVs were removed from a Norfolk Southern train traveling from Chicago to Pennsylvania.

• On Oct. 24, 2006, 34 cases of Marlboro cigarettes were removed from a Norfolk Southern train traveling from Michigan to Chicago. Each case contained 50 cartons.

• On Nov. 13, 2006, numerous TVs were removed from a Norfolk Southern train traveling from Chicago to Pennsylvania.

• On Dec. 10, 2006, six 42-inch TVs and 12 24-inch TVs were removed from a Norfolk Southern train traveling form Chicago to Pennsylvania.

• On March 3, 2007, 15 23-inch TVs were removed from a Norfolk Southern train traveling from Chicago to Pennsylvania.

• On March 10, 2007, a number of 27-inch flat-screen TVs were removed from a Norfolk Southern train traveling from Chicago to Pennsylvania.

• On March 26, 2007, a number of golf balls, power tools, tackle boxes, detergent, diapers and lawn mowers were removed from a Norfolk Southern train traveling from Chicago to Atlanta.

• On June 2, 2007, 27 cases of Crown Royal whiskey were removed from a Norfolk Southern train traveling from Detroit to Chicago.

• On Aug. 28, 2007, 30 computer monitors were removed from a Norfolk Southern train traveling from Chicago to Buffalo, N.Y.

• On Oct. 23, 2007, 20 23-inch TVs were removed from a Norfolk Southern train traveling form Chicago to Pennsylvania.

• On Nov. 14, 2007, 26 color printers were removed from a Norfolk Southern train traveling from Chicago to Pennsylvania.

• On March 20, 2008, 12 52-inch TVs were removed from a Norfolk Southern train traveling form New Jersey to Chicago.

• On April 25, 2008, while a Norfolk Southern train was delayed near La Porte, 31 cases of Marlboro cigarettes and multiple flashlights were removed.

• On May 10, 2008, a pin was removed from two cars on a Norfolk Southern train traveling from Chicago to Pennsylvania, causing an emergency stop. While it was stopped, nine 46-inch flat-panel TVs were removed from the train.

• On May 21, 2008, while a CSX train was delayed, multiple cases of Smirnoff vodka were removed from the train.

[Roger Kaputnik]

This sounds like an inbred crime family!

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Trains could have derailed during thefts

Timothy O'Connor
For The News-Dispatch

LA PORTE - There was potential for derailment when alleged thieves forced freight trains to make emergency stops, a Federal Railroad Administration spokesman said.

According to a federal indictment, the men, Norfolk Southern conductors James Newland and Victor Montorsi, and engineer John Frederick, met to listen to radio communications from trains.

The three, who were occasionally helped by Phillip and William Montorsi, allegedly forced slow-moving trains to make emergency stops by removing the pins between cars or disconnecting the air-brake hose.

"What it would cause is an abrupt stop," Warren Flatau said. "There are circumstances where, conceivably, a car could derail."

He said the extent of a possible derailment would depend on a number of factors, such as speed and train length, but that it could be as minimal as one wheel detaching from the rail.

"It kind of underscores the significance of this because these are individuals who had nefarious intentions," Flatau said.

He said that in order to stop the trains and remove cargo, potential thieves would have to have knowledge of the train. Since freight containers are placed with their doors facing one another, Flatau said it was likely necessary to uncouple the cars in order to access their loads.

"It's not easy to do that," he said. "You'd have to have some knowledge. It would appear that these individuals knew what they were doing. It is not a straight forward thing to uncouple a car, especially if air brake hoses are involved."

He added that large railroad companies, like Norfolk Souther and CSX - from which the goods were allegedly stolen - often use all their engineers as a set of eyes to ensure the safety of locomotives. However, this isn't foolproof.

"They can't always walk a mile-long train," Flatau said.

Further, he said, many railroads instruct their employees to stay inside the train during a theft since they wouldn't know if the thieves were armed or not.

Representatives from CSX did not return phone calls, and Norfolk Southern declined comment.

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1/7/2009 4:13:00 PM Email this article • Print this article
Train thieves plead guilty
Case is far from being closed

Derek Smith

LA PORTE - Three La Porte men involved in the Norfolk Southern train theft conspiracy have entered guilty pleas, but more indictments are expected.

John Patrick, 42, and Victor Montorsi, 33, filed their pleas Monday, while Ryan "Barney" Mrozinski, 30, filed his plea Dec. 31, according to Tony Lee, a spokesman for U.S. District Court Judge Robert Miller Jr.

Patrick's plea was heard Monday; both Montorsi and Mrozinski are awaiting hearings.

The investigation surrounding the train thefts is far from being closed. It is now entering a second phase, during which more indictments could be made at both the federal and state levels, said a source close to the investigation.

In entering guilty pleas, all three men are entitled to a reduction in the levels of their offenses. Patrick pleaded guilty to count 18 of the indictment, knowingly possessing stolen cigarettes.

Patrick admitted to possessing approximately 1,700 packs, or 340,000 individual cigarettes, in or around April 2008; he also admitted to buying 10-12 cases of Marlboros - with Japanese writing on them - from Philip Montorsi and then selling them. The maximum penalties for his violation are five years' imprisonment, a $250,000 fine and a three-year supervised release period.

Mrozinski and Montorsi both pleaded guilty to count 12, knowingly possessing stolen goods worth more than $1,000, specifically 27 cases of Crown Royal whiskey stolen from a Norfolk Southern train. Montorsi also admitted to stealing items from trains in the Northern District of Indiana and selling them. The items included flat-screen televisions, alcohol and cigarettes. Mrozinski admitted to receiving some of the stolen goods.

The maximum penalties for their violation is 10 years' imprisonment, a $250,000 fine, and a three-year supervised release period.

Five other individuals are charged in the robbery: John Frederick, Phillip Montorsi, William Montorsi, James Newland and Joseph Phelps, Their trials have been postponed from Feb. 10 to March 16, Lee said.

Reporter Timothy O'Connor contributed to this report.