OCONTO – A former Oconto man who went on a six-month purchasing spree along with his former employer’s bank card has been sentenced to 10 months in jail.
Jacob G. Donlevy, 34, on Monday was additionally ordered to pay $23,832 restitution, which with county and state surcharges totaled $27,526.
Choose Michael T. Choose stated restitution “is priority one,” although punishment and sentence enough to discourage others was obligatory “so people in the community know what happens when you steal.”
Hodkiewicz Harvesting & Trucking LLC, Lena, reported to the Oconto County Sheriff’s Workplace final August that it had discovered that $26,646 had been charged with out permission to a Kwik Journey bank card in quite a few places, together with Mount Nice, Pewaukee, Franklin, Fond du Lac and Mauston, between March 11 and Aug. 11, in line with the felony criticism.
After an investigation, Donlevy was charged with fraudulent use of a monetary transaction card in extra of $10,000, which carries a most sentence of 10 years.
He pleaded no contest to the cost in June. A overview of the gross sales decided the ultimate quantity that had been stolen.
The scores of bank card expenses got here after Donlevy, a semi tractor-trailer driver, was fired after working for the corporate for about eight months, stated Assistant District Lawyer Lisa Rowe.
“In response to getting fired from his job, Mr. Donlevy told the Hodkiewicz family they’d be sorry someday, and boy, wasn’t that true,” Rowe stated. “They certainly are.”
Rowe stated the purchases included a number of televisions and DVD gamers that have been in all probability resold for cash. The investigation even turned up safety video of him utilizing the cardboard to purchase ice cream for his kids.
“In a very real way, every time Mr. Donlevy bought a treat for his children, it was a treat he took out of the mouths of the Hodkiewicz’s children,” Rowe stated.
As a part of the plea settlement, Rowe may solely request the utmost incarceration time as really useful by in pre-sentence investigation ready by a Division of Corrections agent.
The DOC really useful one yr as a situation of 5 years probation, which Rowe stated was acceptable, although she instructed it could possibly be harsher.
“If it were up to me, I would make the first six months without (work release), because there needs to be a punishment component here,” she stated.
Public Defender Bradley Schraven requested Choose to permit Donlevy to work throughout a yr in jail.
“He would like to make it right as quickly as possible,” Schraven stated. “He understands their anger and what they are upset about. He is legitimately sorry for what he did … it obviously doesn’t make it all better, but he is trying to do the right thing and continue to pay restitution and show he can pay the restitution in a timely manner.”
Schraven additionally stated that after Donlevy was fired, he turned in one of many companies bank cards he carried, however had one other.
Donlevy informed Choose that he made “a really stupid decision,” and added the needed to make it proper for his former employer. Different remarks in his temporary assertion couldn’t be discerned.
Donlevy was residing in Greenfield when the cost was filed in November, however then modified his deal with to Oconto. Courtroom data now point out he lives in Watertown, and Schraven stated he has been driving vehicles six days every week since he was launched on bail.
Within the pre-sentence investigation, firm house owners Mitch and Brooke Hodkiewicz each requested that Donlevy be sentenced to jail.
In a short assertion to the court docket, Brooke Hodkiewicz stated Donlevy’s “mind-boggling” actions prompted everlasting injury to their privateness and talent to belief others.
“No apology will ever correct the damage you have done,” she stated.
Choose stated Donley prompted “grievous harm” to the couple, and their need for jail was comprehensible.
However he added that “I can’t get them their money, or address a plan to get them their money, if you’re in prison.”
Choose stayed a jail time period of two years adopted by two years prolonged supervision, which Donlevy must serve if DOC determines he’s violated the foundations of probation.
Choose allowed work launch and good time on the jail time period, for which he obtained credit score for 28 days beforehand served, and ordered him to pay $298 court docket prices and $250 DNA surcharge. Whereas on probation, he’s required to take care of full time employment and full any evaluation or remedy directed by the DOC.
Choose additionally ordered Donlevy to pay $100 per week in restitution, and that $5,000 he has on account with the Clerk of Courts be paid instantly to the Hodkiewiczes. Choose additionally determined that after the restitution is absolutely paid and the jail time is accomplished, Donlevy may request a discount within the interval of his probation.
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Contact Kent Tempus at (920) 431-8226 or email@example.com.