Judge David Cates put his faith in a convicted criminal Thursday morning.
James M. McKinley II, followed by multiple family members, appeared in Kosciusko County Superior Court before Cates, having already taken responsibility for his offense. McKinley was arrested in August for stealing almost $44,000 from Warsaw’s NAPA Auto Parts, where he worked at the time. He was charged with level six felonies theft and obstruction of justice.
As of Thursday morning, McKinley, 28, of 500 N. Lake St., Syracuse, has already paid $6,500 in restitution. The state says that he owes a total of $17,000. He told Cates that he will pay another $5,000 within a week. He delivered a written speech about the crime and his regrets for it.
State Prosecutor Brad Voelz could not define a sentence amount, as McKinley had already taken responsibility for the crime and was attempting to right his wrongs.
McKinley was sentenced to two years on probation, where he must maintain employment and cannot commit any crimes. Cates told the court that McKinley was not the typical defendant. He has more education, more support and much less criminal history than most that Cates encounters. Cates advised that he believed McKinley could be positive member of his community, and urged him to do so.
McKinley admitted in writing that he committed theft from Jan. 31, 2014, to March 31, 2015, according to the affidavit. He told Warsaw police that he stole more than $17,000. Inter-Cap Control Company Inc., an auditing company, President Richard Dohoney was present for the confession.
According to the affidavit, McKinley would create cash and inventory losses that would take deposit payments from customers. Instead of applying the payment ot a customer’s account, he would cheat the system to remove the money and replace it with a service credit charge.
The owner of NAPA Auto Parts, Dick Witt, had an audit conducted which showed that McKinley had stolen $43,136.81. When McKinley was told on June 19 that they were getting an auditor, he put in his two-week resignation. Later on, he attempted to hide the evidence of his actions.
(Story By The Times Union)
