SMETHPORT — A Port Allegany man who pleaded guilty earlier this year to handling tens of thousands of dollars in stolen items will serve an additional state prison term.
Timothy D. Major, 42, appeared in McKean County Court on Thursday to receive a sentence for two separate cases, one in which he pleaded guilty Dec. 13 to a charge of receiving stolen property, and the other in which he pleaded guilty to theft by unlawful taking.
President Judge John Pavlock said, “I’m rejecting the plea as written” and asked how Major wanted to go forward.
Pavlock explained that the plea agreement called for a sentence of one to two years in state prison for each of the two charges; however, it stipulated that the terms would be served concurrent — or at the same time — making the aggregate sentence one to two years of incarceration.
Pavlock said he would likely have charges to run consecutive — or one right after the other — making the aggregate sentence two to four years of incarceration. “I’m not willing to accept a concurrent sentence,” he said.
Assistant District Attorney Sean Barrett reminded Pavlock before sentencing that he was asking that Major pay restitution of $18,000 to Edmond Chevrolet and $10,692.41 to Michael Lightner.
For his part, defense attorney Dennis Luttenauer noted that “Mr. Major had a drug problem” that contributed to his criminal behavior and added that he is now taking steps to deal with his drug problem.
Major said the only thing he wanted to say was he wanted “for this to be done with. It’s interfering with my programs.”
When he pleaded guilty, Luttenauer had stated that Major was involved in programs at the state prison, and he missed time in the programs every time he traveled to Smethport for a court appearance.
Pavlock called the case “a prime example” of an argument against this attitude: “when people say ‘if somebody wants to take drugs, what’s the big deal?’” He explained, “I have no doubt you would not have stolen from them if you were not using.”
According to Pavlock, drug use “destroys so much besides the person physically.”
Major had pleaded guilty to allegations that between July 30, 2015, and April 1, 2016, he received and disposed of automotive accessories and tools belonging to Edmond Chevrolet — his former employer; then, between March 17, 2016, and April 8, 2016, he stole things including welding items, trapping and hunting equipment, cattle items, tools and two paintball guns from Michael Lightner, his former landlord.
Pavlock did sentence Major to an aggregate term of two to four years in state prison for the two new cases, and he ordered that Major pay the restitution that Barrett had outlined.
The new sentence will also run consecutive to a four to eight year prison term Major received in October 2016 for a charge of possession of firearm prohibited. He pleaded guilty Aug. 25, 2016, to allegations he possessed a .22 caliber rifle knowing he was not allowed to possess any firearms.
The total for all three cases is six to 12 years in state prison.
