A Warren Township man who tried to camouflage a stolen ATV with a new paint job was sentenced Wednesday in Washington County Common Pleas Court to 90 days in the Washington County Jail.
Joshua E. Allan, 20, of 884 Greenhill Road, Marietta, pleaded guilty Jan. 27 to two counts in relation to the stolen vehicle-a fourth-degree felony count of receiving stolen property and a third-degree felony count of tampering with evidence.
A deputy with the Washington County Sheriff's Office was investigating an unrelated theft at Allan's residence in May when he stumbled upon the stolen child-size ATV, said Washington County Assistant Prosecutor Jared Erb.
"He had stolen someone's iPad and the deputy went out to talk to him and saw the ATV in the front yard. Just by coincidence, another deputy had recently mentioned he was looking for a child's ATV and here was one with a fresh paint job," he said.
Allan said he had purchased the ATV for his little brother from a Parkersburg man whose name he could not remember, said Erb.
However, in pleading, Allan admitted knowing the ATV was stolen and painting over the red vehicle with white paint to disguise it.
"In order to hide the ATV, he paints it thinking nobody is going to figure it out," said Erb.
The deputy matched up the serial number and found it was the same vehicle that had been stolen from a Washington County family while they were on vacation, he said.
Allan was originally indicted on a fifth-degree felony count of receiving stolen property, but it was amended because receiving a stolen vehicle elevates the charge to a fourth-degree charge.
Allan had skipped his pre-sentence investigation interview on the charges but was in custody for sentencing after being arrested Feb. 23 for breach of recognizance, among other things.
Skipping the interview constitutes a violation of Allan's bond and could have voided the agreed disposition in the case, noted Washington County Assistant Prosecutor Kevin Rings.
However, Washington County Common Pleas Court Judge Randall Burnworth stuck with the agreed sentence and ordered the interview be conducted while Allan serves his sentence.
"The defendant didn't appear for the Skype interview so we don't have a (pre-sentence investigation). So we'll be doing a post sentence report instead," said Burnworth.
He sentenced Allan to 90 days in jail, giving him credit for four days served on the felony charges.
According to arrest reports from the Washington County Sheriff's Office, Allan was picked up on Feb. 23 for the breach of recognizance charge as well as misdemeanor assault and animal cruelty charges from August.
Allan was also sentenced to three years of community control. If he violates the probation, he could be sentenced to four and a half years in prison, said Burnworth.