Recordpub.com - Stone gets probation for theft in office Ex-Ravenna street chief sentenced

By Marci Piltz
Record-Courier staff writer
The former street superintendent for the city of Ravenna will not serve any prison time for taking building supplies from a city building last year and using them for a home remodeling project.
David B. Stone, 49, instead was sentenced Monday to two years of probation by Acting Judge Joseph Kainrad in Portage County Common Pleas Court. Judge Laurie Pittman, who accepted Stone's guilty plea on a fifth-degree felony charge of theft in office in April, was not on the bench because she was on a pre-scheduled vacation, according to court officials.
Ravenna Councilman Joe Bica said he believed the punishment was "a slap on the wrist," and should have been more severe.
"I was disappointed in the sentence," he said. "I think it sends the wrong message about political corruption."
Ravenna Mayor Kevin. Poland said he was disappointed that there were no additional sanctions.
"I didn't think the court would actually sentence him to prison, but since he was an public employee he should've been held to higher standard," he said. "I would've been satisfied if he had been ordered to serve some amount of time in the local jail. When you steal, as a public employee, a message needs to be sent that that's not going to be tolerated."
Prior to sentencing, Stone's attorney, George Keith, asked that Stone, who had worked for the city of Ravenna for approximately 28 years prior to his Oct. 24 resignation, receive probation instead of prison time.
"The state may argue for imprisonment because this case involves theft in office. If it had not been for the fact that Mr. Stone was working for the city, this charge would have been a misdemeanor and no one would have noticed it whatsoever," Keith said.
The charge stemmed from an incident that was brought to Poland's attention Oct. 11 and involved Stone taking miscellaneous building supplies from the city's service garage at 701 Oakwood St. Among the items were a bag of loose tile pieces, 13 wooden kitchen cabinets and 16 pieces of floor tile. The value of the items was estimated to be less than $5,000.
Assistant Prosecutor Gene Muldowney told Kainrad the charge against Stone was a felony and not a misdemeanor because Stone was a public employee at the time the of the theft.
"He violated the trust of a city, a community, and for those reasons the State of Ohio believes a prison sentence is appropriate," Muldowney said.
Kainrad then asked Muldowney if he would be recommending prison time if Stone had not been a city employee at the time of the theft.
"It doesn't matter because he was," Muldowney told the judge. "He held a position of trust and he did violate that trust."
After reviewing some papers on the bench, Kainrad announced he was not going to sentence Stone to prison.
"I understand the system wants more out of its public employees than others, and while we are talking about theft, it's a matter of public trust and it's the taxpayers money," Kainrad said. "But at the same time, the crime of theft is basically the same whether you are a city employee or a non-city employee, but for the statute that makes it theft in office."
Kainrad then ordered Stone to serve two years of probation as well as to perform 100 hours of community work service either for the city of Ravenna or for Habitat for Humanity.

66.	Posted by Integrity#1 August 7, 2008
	Ohio Gal - I won't be reporting my ex to the IRS. Tempting as the idea was...and even though all of MY ducks are in a row far as my returns, etc., I didn't need to make life miserable for myself just the same. They'll catch up with him...if they haven't already. Especially since he is no longer self-employed but working under a W-4 and was cross-referenced on my returns. And the more I think about it, given the Judge's interest in that topic at my divorce hearing (which my credible hubby avoided like the plague), maybe someone at the courthouse will take the initiative. LOL I filed Married But Separate each year of our marriage so his name and SS# is on them. LOL Between that ordeal and all of the civil suits piling up against him for unpaid credit cards and cell phones, life has to be a little gloomy on his side of the pond. Thanks for the party invite! OK - I'll stay away from your cabinets - promise - and will just keep my ears open on how best to commit crime & dodge the legal consequences in the county. Maybe there will be other city/county workers there that I can network with to help get my foot in the door for an open position first. Then I can clean out the candy jar! LOL JUST KIDDING! All sarcasm aside, I was raised and have always believed that honesty is the best policy and could never steal from anyone, no matter how desperate I might be. It amazes me though how lax some attitudes are about this. I could have looked at the situation with Mr. Stone differently if he were an unemployed man who was trying to steal food to feed his family. Kitchen cabinets just don't fall under that criteria. As you said, hopefully it all comes out in the wash. As they say, what goes around comes around.

64.	Posted by Ohio Gal August 6, 2008
	Integrity, Use caution about reporting him for the IRS fraud. It's a sticky situation. If he was doing it while married to you they could come back against you. There is an innocent spouse clause though that sometimes one can slide under. Make sure the divorce papers have been dry and he's filed about three times on his own first!! LOL. You are more than welcome to come to the party and join us though! Remember I'm the one with cabinet envy though, you may have to set your sights on something else. Seems if you want to steal things, you must first be gainfully employed by the city, county or some entity that is in cahoots with other agencies and the local powers that be. My preference is usually to fly under that radar. Basically be a productive law abiding person. One has to believe it all comes out in the end or at least it should be somewhat difficult to look yourself in the mirror each morning. We'll let you know when the party is! I'm not drinking just beer though, my new thing is Mojito's!

62.	Posted by Ohio Gal August 5, 2008
	GrassoGatto, Now your on to something. Don't forget to be careful driving to the party, the streetlamps in Ravenna tend to fall over randomly. Remember when we get to the party we can admire the floor tile and cabinets that were "donated" by the city. We can all sit around and write some fan mail to the former mayor. We must exercise caution upon leaving this party because if we get pulled over we could end up in front of that judge in Kent and have to explain why we became so PLOUGHED. Maybe if someone from the Record Courier attends our little party they may actually get the story correct. I'm in! If you see Ol Rageman around these parts tell him to come and pick me up in the Studebaker he promised over a year ago!

57.	Posted by Ohio Gal August 4, 2008
	You didn't tell me I could have your cabinets you said I could come and steal them and you'd turn it into your insurance. Cabinet envy is not a trait I possess. My focus was on that stealing in whatever fashion has a direct impact on everyone. Either through higher insurance premiums, higher taxes, higher retail prices not to mention the emotional toil on ones character and family of the thief, that was it plain and simple. Boasting about homes owned does not measure ones success. Words spoken or written with the opinion that theft doesn't financially impact others is a great example of thinking that does not embrace the standards that those in a productive and compassionate society should embrace. Theft at an level is taking what doesn't belong to you and others will pay for. Validating someones theft doesn't work nor does minimizing the impact it has on others.