[Southsider2k12]

http://www.chestertontribune.com/PoliceFir...eads_guilty.htm

A Michigan City man has pleaded guilty to one count of theft after Porter Police said that he accepted deliveries of more than $170,000 worth of fuel from Pinkerton Oil at 75 E. U.S. Highway 20 and then stopped payment.

David Werdine, 68, whose listed address was 321 Euclid Ave., pleaded guilty to a single count of Class D felony theft, punishable by a term of six months to three years in prison, Porter County Deputy Prosecuting Attorney Tammy Gregg told the Chesterton Tribune today.

In exchange for his plea four other theft counts and a Class A misdemeanor charge of check deception would be dismissed if Porter Circuit Court Judge Mary Harper accepts the plea agreement at a sentencing hearing scheduled for Feb. 16, Gregg said.

Under the plea agreement, Werdine would avoid jail time but serve three years on formal probation and 60 days of community service. He would also have to make restitution to Pinkerton Oil of $170,321.66, Gregg said, and to that end a judgment lien would be ordered, giving Pinkerton Oil priority over Werdine’s other creditors should he sell his house, say, or apply for a loan. In addition, Gregg said, Werdine’s cash bond of $25,000—less court fees of around $1,000—would be released to Pinkerton Oil.

Gregg said that Werdine is currently unemployed and his wholesale fuel company has gone out of business.

Gregg did say that Harper has asked the owner of Pinkerton Oil, Bob Poparad, to appear at the sentencing hearing.

According to the probable cause affidavit filed by Lt. John Lane of the Porter Police Department, Werdine took delivery of five loads of fuel last year and then canceled the electronic funds transfers which were supposed to pay for the fuel and directed his bank not to honor debits submitted by Pinkerton Oil.

Werdine took delivery of $23,797.36 worth of fuel on April 3, 2008, $53,733.29 worth on April 4, 2008, $8,054.10 worth on April 5, 2008, $57,090.17 worth on April 6, 2008, and $27,646.74 worth on Oct. 31, 2008, totaling $170,321.66, Lane stated in his affidavit. On Oct. 30, 2008, Werdine canceled the electronic fund transfers.

In addition, on Nov. 11, 2008, Werdine submitted a Phillips Petroleum Corporation check to Pinkerton Oil in the amount of $15,043.62 in partial payment of owed moneys, Lane stated, but the check was returned with the notation “Not Sufficient Funds.” After subpoenaing, Werdine’s bank records, Lane stated, he learned that in the fall of 2008 Werdine had positive assets which could have been applied to his Pinkerton Oil debt but which he “ultimately transferred out of the Phillips Oil account to an account” of a relative.

Prior to canceling the electronic funds transfers, Lane stated, Werdine already owned Pinkerton Oil $400,560 for gasoline loads.

　



Posted 12/17/2009