Holley man needs to pay $100K-plus restitution or go back to jail

By Tom Rivers, Editor Posted 26 November 2013 at 12:00 am

Jeffrey Paul also pleads guilty and will be sentenced Jan. 27

ALBION – David Paul, a construction company owner who was jailed for a year after stealing equipment from another company, needs to pay restitution or he could face another year in jail, Orleans County Court Judge James Punch said on Monday.

David Paul, 69, of 3823 Monroe-Orleans Countyline Rd., owes more than $100,000 in restitution, and only has paid an “insignificant amount,” said District Attorney Joe Cardone.

Paul said he is only earning about $150 a week. He lost about 80 percent of his business due to his time in jail, he told Judge Punch.

Paul also said he has few assets. The judge assigned the public defender to work with Paul. Punch said he wants a restitution plan the next time Paul appears in court, 2 p.m. on Dec. 9.

Paul and his son Jeffrey were accused of stealing two backhoes, a box truck and a car from a Wayne County business. They buried some of it on David Paul’s property on the Monroe-Orleans Countyline Road.

David Paul already served a jail sentence for the crime. His son’s case was delayed in court after Jeffrey claimed he had difficulty concentrating and couldn’t help with his defense. Judge Punch declared Jeffrey Paul, 40, mentally incompetent to stand trial in August.

Paul was sent to a psychiatric facility. He was there until October. During a Nov. 4 court date, Paul announced he was changing attorneys, which Punch saw as a stalling tactic. Punch set Nov. 13 for the start of a trial.

A day before that Paul pleaded guilty to criminal possession of stolen property in the fourth degree. He will be sentenced Jan. 27 and faces a maximum of one to three years in state prison.