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Three Alpine developers plead
guilty to grand theft charges
By Neal Putnam
The Alpine Sun
SAN DIEGO — Three Alpine developers and
a former employee pleaded guilty Friday, May 1 to grand theft
and all agreed they would pay a total of $325,000 in restitution
over allegations they embezzled money from Real Estate
International, Inc. (REI), a company they owned or worked for at
the time.
The plea discussions took hours and almost derailed. A
settlement was only reached after the lead defendant, Paul Gonya,
made a passionate plea to the others in open court to resolve
the case, along with comments from San Diego Superior Court
Judge Frank Brown. The judge repeatedly urged them all to settle
the case.
Gonya, 65, David Waitley, 46, Kenneth Stroud, 53, and
Marie Frever, 40, have agreed to serve one year either in county
jail or in a work furlough center where they could live to go to
work, but be confined at nights and on weekends. The men must
pay $100,000 each in restitution, but Brown set restitution for
Frever at $25,000, saying “she’s a minor participant.”
Deputy District Attorney James Waters said “if they
don’t pay (restitution), they’ll go to prison.” Brown said the
maximum sentence for the men is five years and four months in
prison, but that would only be served if they violate terms of
probation.
As a result of their criminal convictions, Brown
ordered them not to serve as a principal or partner in any new
real estate firm and he barred them from handling money. The men
may be able to keep their current jobs, but the felony offense
may cause them to lose various licenses.
“I think it’s a horrible epithet,” said Gonya to an
Alpine Sun reporter afterwards, apparently about his career and
the ban on new employment in the real estate market.
“It’s a hell of a way to end a career. It goes to show
you — Don’t ever sell your business to a partner,” said Gonya.
Sentencing is set for July 8. Brown told the four he is
very concerned about them paying restitution, and borrowed a
line from a movie when he said, “show me the money.”
“I don’t want to put you folks in prison... I’m dealing
with productive citizens,” said Brown.
Gonya, Waitley, and Stroud remain free on $100,000
bond, while Frever is free on $25,000 bond.
The three men were accused of working together to defraud
companies that were formed to build 52 semi-custom homes in
Alpine. The project was called the Stagecoach development.
The four were to have attended a preliminary hearing
Friday that was expected to last four days. Witnesses were told
to be on standby while lawyers talked with their clients about
the prosecutor’s offer. At one point, it looked like no deal
could be reached and that’s when Gonya urged the others to
settle.
“I’ve already paid a million dollars,” said Gonya in
court referring to a civil suit filed in El Cajon Superior Court
that has been settled.
The prosecutor also then told everyone at 11:10 a.m.
the offer on the table would expire in 15 minutes. More
discussions followed even through the lunch hour, and a deal was
finally reached with all four around 1:40 p.m. with the same
offer.
During the discussions, Brown told the group that the
prosecutor has “some flexibility” now, but it might not last.
“You’ve got to trust your lawyer. You all have good lawyers,”
said Brown.
“The exposure (on all counts) is 86 years, but it’s not
going to happen,” said the judge.
“If you go to trial, there will be media attention. The D.A. has
to give a little. If it goes past me... it will drag on, and
some judge will make a call,” said Brown.
Gonya and Waitley have both served as members of the
Alpine Planning Group in the past. Gonya served for four years
and was a vice chairman and head of a subcommittee, which rules
on local zoning and permitting issues. Gonya lost a bid for
re-election in 2004.
Waitley also served for four years and chaired a
circulation subcommittee before losing his seat in the November
2006 planning group election.
Gonya was accused of using an expense account to pay
for campaign posters as well as supplies on his horse ranch in
Alpine. Waitley was accused of charging for reimbursement to REI
for personal expenses, such as landscaping and septic system
work at his Alpine home. Stroud was the construction contractor,
who reviewed the invoices.
The men were originally charged with 113 counts of
grand theft, and conspiracy to commit theft. Each grand theft
count stood for a specific check that was written that allegedly
involved theft. Frever was only charged with three counts of
grand theft.
Gonya, Waitley, and Stroud each pleaded guilty to three
counts of grand theft. Stroud also pleaded guilty to being an
accessory after the fact in one instance. Frever pleaded guilty
to one count of grand theft. Brown then dismissed the remaining
charges.
Gonya told the judge he would pay the $25,000 in
restitution for Frever, saying “I don’t think she’s guilty.”
Frever shed a tear after she pleaded guilty and Gonya appeared
tearful at times.
Brown told the group that he would give them up to a
year to pay the restitution back. They also face fines of
$10,000 each. Brown told Frever and her attorney that he would
consider reducing her conviction to a misdemeanor.
“This is gonna save a whole lot of taxpayer’s money,”
said Brown about the settlement. Brown noted that a trial with
four defendants would take at least a month or more.
Gonya complained that the criminal case was patterned
after the civil case, saying the D.A.’s office was acting like
“a collection agency.”
Gonya said there were no kickbacks in the case.
The counts the four pleaded guilty to involved thefts
that mostly occurred in 2002, according to court records.
“I’m sorry about your domestic situation,” said Brown
to Gonya towards the end of the hearing. Gonya’s wife, Christina
Gonya, filed for divorce in 2007, after 14 years of marriage.
The criminal charges were filed in October 2007, and
the case was repeatedly delayed in part due to the schedule of
the four defense attorneys who had other cases and were in high
demand.
Kerry Steigerwalt represents Stroud. Kerry Armstrong
represents Frever. Terry Plummer is Gonya’s attorney, and Greg
Maizlish represents Waitley.
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