Restitution in Brazelton case not settled

Judge William Herauf gave the state until Friday to come to an agreement on restitution in the case involving defendant Heather Brazelton or the case will have to be set for further hearings.

“This has been going on long enough. It’s been two-and-a-half months,” Herauf said during a status conference Monday in Southwest District Court at the Stark County Courthouse in Dickinson. “My concern is about when (the case) will get done.”

According to the criminal complaint that was filed May 18 in Southwest

District Court, Brazelton, Dickinson, who was born 1976, is alleged to have stolen approximately $1,200 in cash from Cub Scout Pack 30, between April 1, 2011, and Dec. 31, 2011.

Theft of property is a Class C felony and it carries a maximum penalty of five years in prison and a $5,000 fine.

Assistant Stark County State’s Attorney Rhonda Ehlis, who stood in for Assistant Stark County State’s Attorney Jim Hope during the hearing because he could not be present, suggested that the court set the case for a pretrial hearing and a trial date while the state and defense attorneys try to work out a deal on the restitution that is owed by Brazelton.

Brazelton’s attorney, Diane Melbye, explained to Herauf that the state and defense have come to terms on a plea deal, but there is a hung up on the amount that is owed by Brazelton, who was not present in court.

Melbye said the main cause of the holdup is around determining how many candy bars are in a carton.

Herauf agreed to give the state and the defense until the end of the week to come up with an agreement, including the terms of the restitution, and give it to the court to consider.

“Get it done by Friday,” Herauf told the attorneys before court went into recess.

Tags: boy scouts, obituaries, local, brazelton