Appeal in electricity case nets less time
Time served is penalty in stolen electricity case
Date published: 9/4/2008
BY KEITH EPPS
A Stafford County man who was initially facing a 21/2-year prison term for stealing $80 worth of electricity got much better news yesterday.
Eckle Penley Jr., 45, was given a 12-month jail term, but Judge J. Martin Bass suspended all but the five months Penley has already served.
It remains unclear when Penley will actually be free. He is still being held on a parole violation.
Penley was convicted by a Stafford Circuit Court jury in September 2006 on a felony charge of obtaining utility service by fraud.
According to evidence presented at his trial, Dominion Virginia Power turned off Penley's electricity at 787 Warrenton Road in April 2005 because he didn't pay his bill.
A utility-company employee returned to the area later that month and found that someone had jury-rigged a meter and illegally restored power.
By then, Penley had used $82.29 worth of power.
Perhaps swayed by Penley's long criminal record, the jury recommended that he serve 21/2 years in prison. Judge Joseph E. Spruill Jr. later reduced the sentence to six months.
Defense attorney Jim Ilijevich took the case to the state Court of Appeals. Ilijevich argued that the charge should have been a misdemeanor because the theft fell far short of the $200 requirement to make it a felony.
Prosecutor Eric Olsen argued that related costs, such as fees to cut off the meter and turn off power from a pole pushed the tally over $200.
The appeals court sided with Ilijevich and sent the case back to circuit court for re-sentencing as a misdemeanor. A Class 1 misdemeanor carries a maximum penalty of 12 months in jail.
Keith Epps: 540/374-5404
Email: kepps@freelancestar.com
Read more stories about Stafford
Date published: 9/4/2008
Most recent reader comments:
Piling on again Eric?
(posted by
Grumpy1
, Sep. 4, 2008 11:50 am)
It is amazing that the Commonwelath's Attorney waits until AFTER the original trial takes place to introduce additional arguments in an attempt to pile on Jail time. If this was relevent, why wasn't this brought up in the first trial? THIS is NORMAL action from Eric Olsen. How he keeps his job amazes me. This sort of action bypasses the legal system and takes the sentencing recommendations out of the hands of the Jury and puts it right into the hands of the Commonwealth. Shame on you Eric
Nothing said about ..........
(posted by
Ranko
, Sep. 4, 2008 10:41 am)
all the money from past bills that he didn't pay. That's stealing too if he didn't pay his bills. I hope they find the person that hooked up the meter for him and put him in jail too.
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