By Kayla Barnes
editor@myrjonline.com
DARLINGTON - A Rewey man with a history of convictions for stealing timber pleaded no contest Thursday in Lafayette County Circuit Court to misdemeanor charges of intentional timber theft and criminal damage to property, as well as a forfeiture charge of harvesting without notification.
Jeffrey T. Foley, 58, had two additional counts of harvesting without notification dismissed as part of his plea agreement. He initially faced felony charges in the case, but they were downgraded to the two misdemeanors.
He is sentenced to 30 days in jail and three years on probation for the timber thefts, which occurred in late 2015 and early 2016.
According to the criminal complaint, Foley contacted rural Belmont resident Dean Paulson in December 2015 offering to salvage trees that had blown down during a storm on his property near County G in the Town of Kendall. Paulson agreed and allowed Foley to take the trees, which included cherry, walnut and white oak.
On April 7, 2016, Paulson found Foley cutting down trees on another portion of his property, this time without permission. The next day, Paulson took Foley to a different part of his property that held a property line shared with Mark Kieler on Holland Road in the Town of Seymour and offered some felled trees there, which Foley declined to take. Following this encounter, Paulson didn't give Foley permission to cut any more trees on his land.
The day after that, Foley notified Mark Kieler's son, Kenneth Kieler, that he had accidentally cut down trees on their property when he was supposed to be cutting on Paulson's land on Holland Road, and he offered to pay for those trees.
Both Kielers were in court Thursday.
In a statement he read to the court, Mark Kieler said the damage Foley inflicted went far beyond that of taking trees without permission. It took away time needed for farm work.
"It is really no different than coming home and finding your house burglarized," he said.
This is not the first time Foley has been convicted of such crimes. State court records show he was fined multiple times for similar offenses in Iowa County in recent years.
Judge Duane Jorgenson said he was concerned with Foley's history of timber thefts. He rejected the sentence suggested in the plea agreement of just two years on probation and 10 days in jail.
A harsher sentence was necessary, according to Jorgenson.
"It has greater personal value than simply a tree or ornament or a product; it is part of a home," Jorgenson said. "Farmers are unique in that they live where they work. A grave personal violation happens when someone breaks into your home. I think that has to be recognized here."
Foley was ordered to report to jail Dec. 1 for his 30-day sentence.
He is also ordered to pay Kieler $6,930 in restitution. In addition, he'll need to pay an undetermined amount of restitution to Paulson. Paulson has 60 days to submit his restitution request.
editor@myrjonline.com
DARLINGTON - A Rewey man with a history of convictions for stealing timber pleaded no contest Thursday in Lafayette County Circuit Court to misdemeanor charges of intentional timber theft and criminal damage to property, as well as a forfeiture charge of harvesting without notification.
Jeffrey T. Foley, 58, had two additional counts of harvesting without notification dismissed as part of his plea agreement. He initially faced felony charges in the case, but they were downgraded to the two misdemeanors.
He is sentenced to 30 days in jail and three years on probation for the timber thefts, which occurred in late 2015 and early 2016.
According to the criminal complaint, Foley contacted rural Belmont resident Dean Paulson in December 2015 offering to salvage trees that had blown down during a storm on his property near County G in the Town of Kendall. Paulson agreed and allowed Foley to take the trees, which included cherry, walnut and white oak.
On April 7, 2016, Paulson found Foley cutting down trees on another portion of his property, this time without permission. The next day, Paulson took Foley to a different part of his property that held a property line shared with Mark Kieler on Holland Road in the Town of Seymour and offered some felled trees there, which Foley declined to take. Following this encounter, Paulson didn't give Foley permission to cut any more trees on his land.
The day after that, Foley notified Mark Kieler's son, Kenneth Kieler, that he had accidentally cut down trees on their property when he was supposed to be cutting on Paulson's land on Holland Road, and he offered to pay for those trees.
Both Kielers were in court Thursday.
In a statement he read to the court, Mark Kieler said the damage Foley inflicted went far beyond that of taking trees without permission. It took away time needed for farm work.
"It is really no different than coming home and finding your house burglarized," he said.
This is not the first time Foley has been convicted of such crimes. State court records show he was fined multiple times for similar offenses in Iowa County in recent years.
Judge Duane Jorgenson said he was concerned with Foley's history of timber thefts. He rejected the sentence suggested in the plea agreement of just two years on probation and 10 days in jail.
A harsher sentence was necessary, according to Jorgenson.
"It has greater personal value than simply a tree or ornament or a product; it is part of a home," Jorgenson said. "Farmers are unique in that they live where they work. A grave personal violation happens when someone breaks into your home. I think that has to be recognized here."
Foley was ordered to report to jail Dec. 1 for his 30-day sentence.
He is also ordered to pay Kieler $6,930 in restitution. In addition, he'll need to pay an undetermined amount of restitution to Paulson. Paulson has 60 days to submit his restitution request.