SUNBURY - "I plan to push this to the end." That was the reaction of Shamokin salvage yard owner Alfons Keefer after a jury convicted him of a felony offense of theft of movable property and misdemeanor of obstructing administration of the law at the conclusion of a two-day trial Monday afternoon in Northumberland County Court.
The jury found the 47-year-old defendant not guilty of a misdemeanor of deceptive business practices, while Northumberland County Judge Charles Saylor dismissed a felony count of receiving stolen property and a misdemeanor of tampering with or fabricating evidence due to insufficient evidence.
Saylor, who is scheduled to sentence Keefer within 90 days, dismissed two of the five charges after defense attorney Timothy Bowers filed a motion to have the judge dismiss all the offenses after Northumberland County Assistant District Attorney Michael Toomey rested his case. The charges were dismissed during a sidebar and the jury was only asked to rule on the other three offenses.
The jury deliberated for approximately two hours before rendering its verdict. They began deliberations at 1:40 p.m. after being instructed by Saylor for 40 minutes. At 2:50 p.m., the jury re-entered the courtroom to ask Saylor to explain the elements of each charge, which took about 10 minutes. The verdict was rendered at 3:50 p.m.
Keefer faces a maximum consecutive sentence of nine years imprisonment and fines on both charges. The maximum sentence for the theft offense is seven years, while the obstructing administration of the law charge carries a maximum sentence of two years incarceration.
It is highly unlikely Keefer will receive the maximum sentence since he has no prior criminal record.
The minimum sentence for the theft charge is probation to nine months incarceration, while the misdemeanor offense carries a minimum sentence of probation.
Keefer will probably have to make restitution in the case, but that amount has not yet been determined.
Plan to appeal
When asked for comment after the trial, Bowers and Keefer made it clear they plan to appeal the case to the Superior Court, and if necessary, the Supreme Court.
Instead of expressing displeasure over the guilty verdict on two of the charges, Bowers remained optimistic about winning an appeal because three of the charges were dismissed at trial.
Toomey stated, "I'm pleased we got a conviction on the most serious charge (theft of movable property) and one of the misdemeanors (obstructing administration of the law). In my closing argument, I asked the jury to give me justice, and that's what they did."
He added, "The jury found the defendant not guilty of deceptive business practices and I respect their verdict. Although I opposed the dismissal of the other two charges by the judge, I understand and respect his decision. Under the law, the judge has a right to dismiss the charges if he believes there is insufficient evidence presented."
Toomey commended the arresting officer in the case, Trooper Kevin L. Bletz of the Pennsylvania State Police Auto Theft Task Force, and Shamokin Patrolman William Miner for conducting an excellent and time-consuming investigation. "They did a phenomenal job," Toomey said.
Testimony
Keefer was accused of failing to return a truck owned by Joy Kulenguskey that he towed in 2008. Police said the truck was towed and stored by Keefer at his business, A&G Towing on Bear Valley Avenue, before it disappeared.
The charges, filed in August 2010, involve a two-year investigation conducted by Bletz, who was asked by Northumberland County District Attorney Tony Rosini and Shamokin police to conduct the probe in February 2008 because of a prior conflict between city police and Keefer. That conflict involved a dispute with the city over towing and storage charges when Keefer removed 18 vehicles from Robert Gilligbauer's Shamokin property in 2007.
Miner, who was originally assigned the case before it was turned over to state police, was among three prosecution witnesses to testify Monday. Fourteen witnesses for the commonwealth had taken the stand Friday.
Miner said the four-door truck wasn't officially listed as a stolen vehicle until July 7, 2009. He said Keefer, with whom the officer had no prior problems, told him the truck disappeared from his lot and that he didn't know where it was.
The officer said he found no evidence that the truck had been stolen or "scrapped."
Miner said police received a tip in late October 2008 that the truck was being stored on property owned by Shawn and Linda Cavanaugh in Irish Valley. But when police went to see if the truck was at the property the next day, it was gone. The officer, who noted a tarp was found at the property where the truck had been stored, said he found impressions in the ground that appeared to come from a rollback truck, but said the tire marks were never measured.
Also testifying Monday were Bletz and Daniel Shingara, owner of Shingara Enterprises, who was recalled after serving as a witness Friday.
Shingara said he only saw the side and back of Kulenguskey's truck parked on the Cavanaugh property before reporting it to police. The witness also testified that he allowed Keefer to store a 1967 Pontiac on his property in Irish Valley in 2007.
Bletz testified about the investigation that included an extensive ground and aerial search for Kulenguskey's truck, which has never been found. He said Keefer claimed he didn't have the truck.