By Patricia Breakey
DELHI _ An Auburn man admitted attempting to burglarize a Wendy's in Deposit when he appeared in Delaware County Court on Tuesday.
Stephen R. Johnson, 23, pleaded guilty to third-degree burglary in full satisfaction of his charges, along with second-degree criminal mischief and possession of burglary tools.
Johnson was sentenced to six months in jail, five years of probation and was ordered to pay $3,170.80 in restitution.
Johnson said he used a crowbar to enter the Wendy's restaurant at 390 State Route 10 in Deposit on April 30. He said he pried the door open, causing the alarm to sound, and then cut the wires on the back of the alarm pad.
Johnson said he then climbed the hill behind the restaurant and waited for the police to arrive. He said a police car came to the restaurant and an officer got out, checked the area and then left.
Johnson said he waited another 45 to 50 minutes. Then, he went back down and used the crowbar to pry the door open and went into the office area. He said when he peeked out a few minutes later, he realized that the police car had returned and then a "civilian car" arrived.
"I panicked, left the office and tried to get out," Johnson said. "But then I realized I was in plain sight." Johnson said the police officer pulled his gun, and Johnson put his hands up.
Delaware County Judge Carl Becker issued an order of protection ordering Johnson to stay away from the Wendy's in Deposit.
In another case, Chris M. Klutsch, 45, of Margaretville, was sentenced to a year in jail with credit for time served on a misdemeanor charge of fifth-degree criminal possession of stolen property.
Klutsch pleaded guilty to the reduced charge Oct. 2 but argued Tuesday that when he took the plea, he was under the impression he would only have to serve an additional four months in jail.
Klutsch said he had contacted the Delaware County jail to see when he would be released because he needs to begin medical treatments immediately following his release. He said he discovered that the method of figuring out credit for time stops the clock when a defendant is released from jail, so he will actually have to serve more than five months.
Klutsch asked Becker to limit the sentence to another four months, but Becker refused, saying Klutsch knew the terms when he entered the plea.
Klutsch took jewelry valued in excess of $1,000 when he worked at Discoveries in Margaretville. Frances K. Eickner owns the shop. All of the merchandise was recovered and returned, Delaware County District Attorney Richard Northrup said.
In other court business, Michael S. Hartley, 41, of Andes, pleaded guilty to driving while intoxicated in a plea agreement in which he will be sentenced to 1 to 3 years in prison Nov. 9. He was also fined $2,500.
Hartley's charge stems from an incident in Deposit on April 26. Hartley was previously convicted of DWI on Aug. 4, 2005, as a second offense and driving while ability impaired on July 17, 2000.
