Dickinson man pleads guilty to unauthorized use of motor vehicleA Dickinson man pleaded guilty Monday to Class A misdemeanor unauthorized use of a motor vehicle at a preliminary hearing in Southwest District Court in Dickinson.
By: Betsy Simon, The Dickinson Press
A Dickinson man pleaded guilty Monday to Class A misdemeanor unauthorized use of a motor vehicle at a preliminary hearing in Southwest District Court in Dickinson.
Frank J. Varner, 32, will serve 90 days in jail with credit for the time he has already served. The remainder of his sentence will be suspended for a period of 18 months.
Varner said in court Monday that he will have 22 days left to serve.
Varner and his brother, Kyle Stevens, 35, were accused of entering a vehicle without the use of force on Oct. 18, according to the criminal complaint. They were each charged initially with one count of Class C felony breaking into a vehicle.
Stevens was not present at the preliminary hearing.
Varner explained at the hearing that he and his brother were intoxicated at the time of the incident.
Varner said he and Stevens did not realize the car was not theirs until after they had opened the door. He said they left the vehicle when they realized it was not theirs, but someone who saw them called law enforcement.
Stark County State’s Attorney Tom Henning said he spoke with the owner of the vehicle and the responding law enforcement officer before making his recommendation for punishment and to lower the charge.
Henning added that he was not aware of any restitution that would be requested in the incident.
“But that will remain open in case we get late information on it, as we sometimes do,” he said.
Judge William Herauf said he would give the state 30 days to request restitution in the case if it is necessary.
In other court:
Jacob Wayne Evey, 32, Dickinson, entered a not guilty plea Monday to one count of Class C felony burglary and one count of Class C felony theft of property.
Evey’s attorney, Ashley Holmes, said her client wished to waive his preliminary hearing.
Evey is accused of entering a Dickinson car dealership after business hours Oct. 9 and taking a set of car keys and driving a vehicle to his home, according to the criminal complaint.