A Marietta man who was released from prison early on a 2009 theft charge was sentenced Tuesday in Washington County Common Pleas Court to return and finish his time before serving an additional year in prison on a new felony charge.
Jeffrey A. Theiss, 35, of 27130 State Route 7, was sentenced Tuesday in Washington County Common Pleas Court on a fifth-degree felony count of vandalism that occurred when Theiss broke into Get It Performance at 1340 Colegate Drive on June 16.
The crime also resulted in a probation violation, for which Theiss could receive a separate sentence. Because the probation violation was tied into the new charge, Theiss' attorney Ray Smith asked that the sentences for the violation and the new charge run concurrently.
JASMINE ROGERS The Marietta Times
Jeffrey Theiss, right, is sentenced Tuesday in Washington County Common Pleas Court to one year in prison on a vandalism charge that resulted from Theiss breaking into a Marietta business in June. Also pictured is attorney Ray Smith.
"On the new charge we'd ask for a nine month sentence. We'd ask that to run concurrently (to the probation violation sentence). This new charge triggered the (probation violation)," said Smith.
As part of the plea agreement, the prosecution also recommended concurrent sentences, said Washington County Assistant prosecutor Jared Erb.
Theiss stole an air conditioning unit and other items from the business.
"The state is requesting restitution in the amount of $4,385 to be paid to (business owner) Chad Walters," added Erb.
Walters caught Theiss in the act of breaking into his business, said Washington County Prosecutor Jim Schneider after the sentencing.
"The owner caught him in the act and chased him," he said.
Theiss was on judicial release-a type of probation that occurs after someone is released from a prison sentence early-when he stole from Get It Performance, he said.
"He and a co-defendant went into a home on Short Street (in Marietta) to steal a bunch of computer and Playstation stuff. He was sent to prison for that and let out on judicial release," said Schneider.
Theiss had originally been sentenced to 18 months each on a fourth-degree felony theft charge and a fourth-degree felony safecracking charge for a total of three years in prison.
Theiss apparently had 945 days credit on that sentence - approximately two years and seven months. However, Washington County Common Pleas Court Judge Ed Lane had concerns that the number was not accurate.
"The reason I don't have the up-to-date credit is because Mr. Theiss didn't set up the appropriate appointments required by the court," he said.
Theiss failed to schedule and participate in the court's required pre-sentence investigation, said Lane.
"You didn't even take responsibility to do something that would have helped your situation," he chided Theiss.
As a result, Lane asked Erb and a representative from the adult probation department to verify the days credit.
He sentenced Theiss to return to prison to serve the remainder of this three year sentence and then tacked on an additional one year sentence on the fifth-degree felony vandalism charge.