CLEARFIELD – A Morrisdale man accused of stealing metal from RJ Corman pleaded guilty Tuesday during sentencing court.
Frank Edward Walls Jr., 49, pleaded guilty to theft by unlawful taking and was sentenced by Judge Paul E. Cherry to 45 days to one year in jail and one year consecutive probation. He was fined $250 plus costs and he must pay more than $6,000 in restitution.
Prior to sentencing, a representative of RJ Corman addressed the court, explaining they gave him “a chance to be honest” when he was asked several times about the thefts. Walls was one of four employees of RJ Corman charged with stealing railroad ties and other metal and selling them as scrap.
According to the affidavit in this case, Walls was with Michael Hummel and Paul Harris on Sept. 12, 2013 when they drove to GC Scrap Metal LLC in Osceola Mills in RJ Corman vehicles loaded with railroad steel weighing a total of 23,010 pounds. They were each paid $997.
The items were rails, tie plates, spikes and comp bars and had a higher value than just scrap metal.
In October, Hummel, 47, 163 Palmer St., Clearfield, pleaded guilty to a felony count of criminal conspiracy/theft by unlawful taking and 10 misdemeanor counts of theft by unlawful taking. He received a sentence of 90 days to one year in jail and two years consecutive probation. He was ordered to pay more than $32,000 in restitution.
Hummel was accused of selling metal 12, different times. The total amount Hummel took was listed in his affidavit as 35,170 pounds.
Harris was scheduled to be sentenced in November, but Cherry rejected his plea offer for a 90-day sentence. He was asking for a minimum 12-month sentence.
According to his affidavit, in addition to his trip to the scrap yard with Hummel and Walls, Harris brought 11,820 pounds to the scrap yard on Dec. 14, 2013.
Attorney John Sughrue, who is representing GC Scrap Metal LLC, addressed the court, saying his client has a “significant issue” with the restitution in these cases. He noted that he asked for cash reimbursement in all four cases. He stated that the metal seized by investigators was more than the men had sold to the scrap yard.
Sughrue said they also did not understand why RJ Corman was being reimbursed because the items were returned to them.
District Attorney William A. Shaw Jr. disagreed with Sughrue’s statements. He said they only took metal that was identified with the RJ Corman name.
Assistant District Attorney Ryan Dobo also stated that they “did a lot of research on the restitution owed.”
Sughrue asked for a restitution hearing. Ron Collins, who was representing Walls, agreed to this and added that Willis Leonard Hull is also a client of his and would want a hearing.
In August, Hull pleaded guilty to 10 felony counts of theft by unlawful taking and 18 misdemeanor counts of theft by unlawful taking for similar thefts from RJ Corman that occurred between October of 2010 and October of 2013. He was sentenced to 90 days to one year in jail and four years consecutive probation. He was ordered to pay restitution of more than $164,600.
At the time Hummel was sentenced, his attorney also requested a restitution hearing.
Cherry ruled that a restitution hearing be scheduled to allow for more specific information on each case and to discuss Sughrue’s claims.
