'Con man' gets prison term
Nov 28, 2012 at 9:58 AM
The county prosecutor and public defender had recommended a six-month prison sentence for the convicted con man with a lengthy felony history.
What David Kogelnik, 42, of North Lima, received was an 11-month prison term Tuesday. He will serve that on top of the year he has left for theft convictions through Columbiana, Mahoning, Medina and Summit counties.
Kogelnik must pay $4,200 in restitution to the local victim, the owner of Custom Metal Works. He recommended Huron County Common Pleas Judge Jim Conway give Kogelnik to the "maximum sentence," which would have been one year.
"My thought is there was intentional deception," the victim said.
In late August, Kogelnik pleaded guilty to theft for an incident involving the delivery of material between Aug. 10 and Sept. 28, 2010. As part of a plea deal, the state agreed to dismiss one count of identity fraud stemming from the same offense.
"Some ex-girlfriend was the one who turned the case around," said Huron County Prosecutor Russell Leffler, who also said there was "good police work." "He's a real con man."
Kogelnik committed the crime while he was under a theft indictment through Columbiana County.
Leffler said the defendant is a "bright guy" who used his knowledge of the scrap metal business and other thefts he's committed to victimize Custom Metal Works.
Huron County Public Defender David Longo said the crime isn't an example of "criminal genius" -- an incident which wouldn't require the mental skills of the fictional Professor Moriarity, the archenemny of Sherlock Holmes.
"What I was doing wasn't right. I should be punished for it," said Kogelnik, who admitted the theft was drug-related. "I have total remorse for what I did."
Conway said he didn't think Kogelnik was sincere about being remorseful.
"I think you're sorry you're caught ... and sorry you're facing more prison time," the judge said.
Kogelnik has been serving a two-year prison term in the Lake Erie Correctional Institution since March 28, 2011.
Before announcing Kogelnik's sentence, Conway shared a laundry list of convictions from the man's "serious felony history," which includes multiple thefts, several probation violations plus charges of attempted rape, attempted kidnapping and unauthorized use of a motor vehicle.
"The list goes on and on," the judge said.