10/9/12 Sentencing, restitution hearing set in bridge theft case

                        
Restitution owed by a Millersburg man who illegally removed two bridges from the rails to trails right of way will be determined in a Nov. 7 hearing. Kenneth E. Taylor, 58, of 4627 Township Road 55, is scheduled for sentencing Nov. 7 in Holmes County Common Pleas Court on charges of theft and vandalism. Prior to sentencing on the same day, a hearing will be held to determine the value of the bridges, which Taylor had removed and sold for scrap. The charges against Taylor are both fourth-degree felonies and carry up to 18 months in prison. Taylor was found guilty of the charges July 18 at the close of a three-day jury trial. Taylor was convicted of illegally removing the bridges in 2011. The bridges were removed after the land, which includes a strip of former railway, was acquired by the Holmes County Park District in 2009 for development of the Holmes County Trail. The land was formerly part of a farm owned by Taylor’s mother, Helen Taylor. The park district’s purchase of the land included the bridges and all materials in the old railway. The value of the bridges was contested at trial, with Taylor’s attorney, John Burnworth, challenging the prosecution’s estimate of $150,000. The estimate was made by engineering firm Jobes-Henderson and based on replacing the bridges with similar, steel structures. Burnworth said that no surveys were conducted to see if cheaper alternatives, such as a culvert, could be used to replace the bridges. According to testimony at trial, Taylor sold the bridges for $2,000 in 2005 to the scrap dealer. The scrap dealer did not immediately remove them, however, and Taylor told the dealer to come get the bridges after the park district acquired the old railway. The scrap dealer sold the bridges and gave Taylor $8,057, a promised 50 percent of the profits. A representative of Jobes-Henderson has been subpoenaed to appear for the restitution hearing.


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