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Appeals court affirms order to pay restitution for copper theft Thursday, Mar 6, 2008 Arkansas News Bureau LITTLE ROCK - The state Court of Appeals on Wednesday affirmed a judge's order for a man who pleaded guilty to copper theft to pay half of nearly $73,000 in restitution. Another man convicted of the same copper theft was ordered separately to pay the other half. Kent Horton pleaded guilty in 2006 to four counts of theft of property for vandalizing five air conditioning units in Sebastian County and stealing the copper. He was sentenced to 10 years in prison with seven years suspended. Another man, Robert Cosgrove, was sentenced separately to five years in prison for his role in the vandalism and theft. During Horton's restitution hearing, the manager of the vacant 30,000 square-foot building where the five air-conditioning units were located testified that the units were unsalvageable and all the copper wire inside them was taken. She said the replacement cost was $72,694. Horton testified that Cosgrove asked him to help steal the copper and agreed to split any money they made in selling the metal. He said he helped take wire from one of the units, but not from the others. Circuit Judge Michael Fitzhugh ruled that Horton admitted to participating in or masterminding the destruction of the air conditioners and entered a judgment against him for restitution in the amount of $72,694. The judgment was found to be joint and several with Cosgrove. Horton appealed Fitzhugh's restitution order, arguing the judge incorrectly determined the restitution because the actual value of the property was never shown. The appeals court disagreed in its ruling Wednesday, saying a preponderance of the evidence supported Fitzhugh's finding that the victim was entitled to restitution equal to the replacement cost of the air-conditioning units and that units were unsalvageable. David Dunagin of Fort Smith, Horton's attorney, did not immediately return a telephone call to his office seeking comment Wednesday. |
