Alpine developers
delay
sentencing for two months
By Neal Putnam
The Alpine Sun
SAN DIEGO — Three Alpine developers who pleaded guilty to
grand theft won a 2-month delay in their sentencing on July 8 to
give some of them time to pay restitution and one to possibly
get another lawyer.
The developers, Paul Gonya, 65, David Waitley, 46,
Kenneth Stroud, 53, and a former employee, Marie Frever, 40,
agreed to be sentenced on Sept. 14 and waived their right to
have a speedy sentencing following their May 1 guilty pleas in
San Diego Superior Court.
Judge Frank Brown told them he considers restitution
that would total $325,000 to be very important, and he earlier
had told them he might delay the sentencing if they needed more
time to get the money. The victim is described as the company
they all worked for, Real Estate International, Inc., known as
REI.
Gonya told the judge he is considering hiring another
attorney, James Pokorny, and replacing the retained lawyer,
Terry Plummer, he still has. Pokorny said he is now only a
"consulting attorney," but told Brown he would be ready to
defend Gonya at the Sept. 14 hearing if Gonya hires him. Pokorny
said he would go through thousands of pages of case documents
before sentencing.
The men face one year jail terms, but they might be
eligible to serve their terms in a work furlough facility in
which they would work days but be locked up at nights and on
weekends. They would also have to have jobs that qualify for
work furlough.
As a condition of bond, the defendants are barred from
serving as a principal or partner in any new development
company. They can continue to hold their present jobs, but their
felony pleas could cause them to lose various licenses. Brown
barred them from handling money, and that condition might be a
part of a sentence of five years probation.
Gonya, Waitley, and Stroud have agreed to each pay
$100,000 in restitution, and Frever's amount was set at $25,000.
Brown noted she played a minor role, and Gonya offered to pay
her restitution at the last hearing.
Two attorneys have filed statements of mitigation with
the judge for sentencing, but two other attorneys indicated the
delay would give them time to file them with Brown. The maximum
term for the men is five years in prison, but Brown said he
wouldn't impose that unless they didn't come up with restitution
or violate probation conditions.
They were accused of working together to defraud
companies that were formed to build 52 semi-custom homes in
Alpine that was called the Stagecoach development.
Gonya has complained that the charges stem from a civil
suit in El Cajon Superior Court that was settled for $1.7
million. The criminal charges alleged they improperly used money
for home improvements or work unrelated to the Stagecoach
project.
After the men pleaded guilty to one count of grand
theft, the judge dismissed 113 similar counts in which each
count represented a check for improper use of funds. Frever only
faced three counts from the start, and two counts were dismissed
against her on May 1.
Gonya, Waitley, and Stroud remain free on $100,000
bond, while Frever is free on $25,000 bond.
 E-mail
the Editor
|
|
