AUGUSTA — The operator of a weatherization company in Albion has repaid $15,000 of the $36,286 he owed in restitution for a theft that involved failing to forward employee withholding taxes to the state.
Michael E. Turner, 55, of Albion, was sentenced Thursday in the Kennebec County Superior Court case to 30 days in jail, with the remainder of the 334-day sentence suspended, and was placed on administrative release for a year.
Turner had pleaded guilty Oct. 2, 2014, to theft by misapplication of property, failing to collect tax, and two counts of failure to pay taxes or file returns. The case was continued for sentencing to see whether he could repay the state the $36,000 in back taxes within the next six months.
At the Capital Judicial Center on Thursday, under a plea agreement between the state and the defense, Turner was able to withdraw all his guilty pleas and then plead guilty to a single misdemeanor charge of theft by misapplication of property.
“In this case, he was required to withhold taxes from his employees’ paychecks and then turn over those payments to the Maine Revenue Service, and he did not do that,” the prosecutor, Assistant Attorney General Gregg Bernstein, said on Thursday, adding, “He was very cooperative throughout the case and worked with the state to pay off a significant portion of the restitution.”
Turner was ordered to continue paying the remainder of the restitution at a rate of $2,000 per month while on administrative release.
On Thursday, Turner’s attorney, Brad Grant, said his client tried to take responsibility immediately and did everything required.
“I’m pleased with the outcome, all things considered,” Grant said.
At the October hearing, Bernstein told Justice Robert Mullen that from 2009 to 2012, Turner conducted weatherization projects throughout central Maine for the company, which was listed as being owned by his wife, even though he ran it.
Bernstein said Turner failed to forward taxes withheld from employee paychecks and instead used the money as his own.
“He said he didn’t have the money to pay the withholding taxes,” Bernstein said. However, Bernstein said an investigation by Maine Revenue Service showed the amount of money Turner spent on his personal mortgage, at New Hampshire Motor Speedway and on other things exceeded the amount of tax owed.
Bernstein said Turner also owed about $8,000 in personal income taxes and that levies by the state had recouped some money already.
Several other people were sentenced Thursday in separate hearings at the Capital Judicial Center:
• Hugh M. Dyer Jr., 27, of Lewiston, theft by receiving stolen property March 13 in Monmouth; 10-month jail sentence concurrent to a probation revocation.
• Thomas J. Schanz, 37, of Waterville, unlawful possession of suboxone June 3 in Waterville; six-month jail sentence concurrent to a 240-day probation revocation, $400 fine.
• Dustin Smith, 23, of Augusta, criminal mischief May 3 in Randolph; six-month jail sentence concurrent to a probation revocation.
Betty Adams — 621-5631
Twitter: @betadams
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