By SHANNON HAUGLAND
Sentinel Staff Writer
A Sitka businessman indicted more than two years ago on charges related to tampering with city electrical equipment and theft of electricity pleaded guilty to the charges in Sitka Superior Court Monday.
Richard A. Forst, 59, pleaded guilty to the Class C felony of theft of property or services valued between $750 and $25,000, and the Class A misdemeanor of criminal mischief, by damaging property worth between $250 and $750.
While suspending entry of judgment, Superior Court Judge Jude Pate placed Forst on probation for two years, which includes making restitution in the amount of $144,924.99, plus interest. He was fined $5,000 and ordered to perform 80 hours of community work service.
The guilty plea came after negotiations between Forst and the state. Forst and his attorney, August Petropulos of Juneau participated by phone. Sitka City Attorney Brian Hanson, state assistant district attorney Amy Fenske, and Judge Pate were present in the Sitka courtroom.
Fenske said Forst modified electric meters at three properties he owned in Sitka, resulting in his use of electricity “not being accounted for.” The city discovered the theft and equipment damage in 2019, but it was believed to go back seven years before that, she said.
“The criminal mischief relates to basically damaging or altering the wiring; the theft relates to the theft of electricity from the city” at properties owned by Forst at 3315 Halibut Point Road and 306 Islander Drive.
The city said there was a third property owned by Forst on Gucker Island, where he also diverted wiring around a meter and stole electricity.
In agreeing to the plea change and settlement, Judge Pate ruled that there was a factual basis to support the charges.
In his impact statement to the court Hanson had strong words about the offenses. The victims “are the 8,500 citizens who live, work, go to school and recreate in this community,” Hanson said. “They are also electric rate payers in this community,” he said. “Some are in poverty, many are low income. And these citizens plead to our Assembly to keep the rates of electricity as low as possible. Mr. Forst, you stole from those citizens and you stole from them for years, and tens of thousands of dollars worth of electricity were stolen from them.”
Hanson said the theft was intentional and premeditated, by someone who has “considerable financial means” with properties and businesses.
“You are a thief,” Hanson said. “You are a businessman. Again, you are a man with considerable means - financial means - and the underlying intent was essentially your greed as a thief. And I say to you on behalf of citizens, shame on you.”
Hanson said that although the restitution agreed to in the plea agreement is considerable, he believes the actual cost to the city was greater.
“Citizens have not been made financially whole by this agreement,” the city attorney said. “Some will forgive you for this. Maybe even most will forgive you. Most will forget this. But from this sentence, the citizens of the city and borough of Sitka can only hope that you suffer the shame of your guilty plea here today, that you receive diminished reputation from the citizens, including the business community. ...” Hanson said he hoped that Forst learns a lesson from his behavior.
Fenske, who prosecuted the case, said it was an unusual crime because it involved an intentional crime over a period of time, committed by someone with no criminal history.
She said the state could have gone for a more severe penalty in this case, but “this is what I would categorize as a ‘COVID offer,’” referring to the backlog in court cases due to the pandemic. “It’s not in the category of cases that the state prioritizes right now.”
Fenske said she felt the agreement reached was a fair one. She noted the long history of the case in court proceedings since 2019, some of the challenges presented and the need to resolve it “one way or another.”
“I also understand the city’s outrage,” she said. “We live in an isolated small town and try to live in a community where you depend on each other. This type of theft really does tear at the fabric of the community because it impacts so many people. I do hope Mr. Forst recognizes what has been caused by his conduct.”
Petropulos said the parties reached a fair resolution to the case. He said his client had no prior convictions, and has been on conditions of release for the past two years. With the Monday agreement it will be four.
Petropulos noted that the defense had filed a motion to suppress evidence and dismiss the indictment, “and it’s my opinion they’re pretty strong motions.” He asked for a status hearing in six months and also after the two years in the agreement are up.
Forst was given the opportunity to speak at the hearing, but did not.
Before approving the agreement Pate said the case was “disturbing” because it involved someone who is well known in the community, who has been involved in public service.
“To have them betray the community; it’s not just a matter of dollars,” the judge said. “(Money) is a part of it ... it hurt the people who can least afford it, the low income people, taking money right out of their pockets.”
But perhaps the bigger issue, the more long-term harm, is the tearing of the social fabric, he said.
“That’s just the lack of trust that these actions have brought about, in a time when our society is already at odds on so many things,” Pate said. “And you pour in this doubt, this mistrust, by stealing. It causes citizens not to trust the government; it causes citizens not to trust each other. It erodes our very community on both a financial and sociological-psychological level. That’s hard to describe. I think that if this had not occurred during COVID or been litigated during COVID this case would’ve gone to trial. I think the (public) response has been somewhat muted because of that.”
The judge noted Forst’s age, his lack of criminal history, the significant backlog of criminal cases, and all the information presented to him, “I’m going to accept the parties’ agreement ....”
Hanson said if Forst fails to immediately pay the judgment he will “initiate civil enforcement.”
The agreement calls for Forst to be on probation for two years, and if he successfully complies with probation conditions the court will not enter a judgment and charges will be dismissed.
Other conditions are that Forst is to pay a $5,000 fine and perform 80 hours of community work service.
Forst was indicted by a Sitka grand jury Dec. 12, 2019, on charges of theft in the first degree, a class B felony, and criminal mischief in the third degree, a class C felony. The theft charge alleged that on March 12, 2019, Forst “committed the crime of theft and the value of property or services was $25,000 or more.” The criminal mischief charge alleged that Forst damaged another’s property “in the amount of $750 or more.”
The charges were based on the city’s claim that Forst tampered with city electric meters at properties that he owned, and diverted wires so they didn’t go through the meter but directly to buildings, Hanson said.
At two town properties, the city attorney said, Forst appears to have cut and removed the seals on the city electric meters, and diverted electric wires so they didn’t go through the meter but straight to the property. “Significant load” was diverted that Forst was not charged for, Hanson said.
On his Gucker Island property, it appears Forst disconnected the meter such that no electric consumption was metered, the city said. Officials said it was difficult to say what specifically the stolen electricity powered, but some diverted wires appear to have gone to his garage, which houses Forst’s freezers and fish processing equipment for his charter business.
The judge said without an agreement and if Forst were convicted of the crimes as alleged, he would face between 1 and 3 years in jail and up to $100,000 in fines. The maximum penalty for criminal mischief in the third degree is up to two years in jail, and $50,000 in fines.
