from Logan County Common Pleas Court Trial Court No.
S. Triplett for Appellant.
C. Stewart for Appellee.
Defendant-appellant, Timothy Jon McVety ("McVety"),
appeals the November 1, 2016 judgment of the Logan County
Court of Common Pleas entering his conviction for one count
of Insurance Fraud, in violation of R.C. 2913.47(B)(1), a
felony of the fifth degree, and sentencing him to three years
of community control and thirty days in jail.
and Procedural History
On October 13, 2015, at approximately 4:30 p.m., Trevor
Coomes was driving a combine owned by Buckeye Agricultural
Testing on Rusk Road in Miami County when the drive coupler
snapped causing the combine to fall into a roadside ditch and
roll. Mr. Coomes, who was not injured, called his employer,
Jeffrey Roeth, the owner of Buckeye Agricultural Testing, who
immediately drove to the scene of the accident, which was two
to three miles from his place of business. Mr. Roeth called
Rob Hart, the owner of Hart's Towing and Recovery, Inc.,
to assist with extracting the combine from the ditch. Mr.
Hart arrived to the accident at approximately 5:00 p.m. and
quickly ascertained that the combine was too large for him to
retrieve with his equipment. Mr. Hart called McVety, who owns
McJack's Towing, LLC, for further assistance.
McVety arrived to the scene and the people assembled there
repeatedly attempted to upright the combine, but were
unsuccessful. The situation was complicated by the fact that
expensive research equipment was mounted on the combine.
Eventually, Sandy's Auto and Truck Service was contacted
and a driver with a semi equipped with a rotating boom
arrived to the scene at approximately 8:00 p.m. With the
arrival of the new equipment, the combine was able to be
extracted from the ditch and placed upon a trailer to be
towed back to Buckeye Agricultural Testing. The job was
finished around 11:30 p.m.
McVety told the other two tow companies that he would submit
one bill for the work of the three towing services on the
job. McJack's Towing submitted an invoice totaling $19,
412.25 to Western Reserve Insurance Company. Representatives
of Western Reserve were suspicious of the high amount on the
invoice, the fact that invoice stated that all three
companies had performed ten hours of work, which was
inconsistent with the accident report, and that McJack's
had already paid out $5, 600 to Sandy's and $6, 600 to
Hart's. The fraud investigator with Western Reserve
contacted Sandy's and Hart's independently,
discovered that they had not been paid by McJack's, and
asked them to separately submit invoices for their services
on the job. Hart's submitted an invoice for $3, 210 and
Sandy's for $643.50. The Logan County Sheriffs Office was
subsequently contacted as a result of the fraud investigation
by Western Reserve.
On February 10, 2016, the Logan County Grand Jury indicted
McVety on one count of Insurance Fraud, in violation of R.C.
2913.47(B)(1), a felony of the fourth degree. McVety entered
a plea of not guilty.
On September 15, 2016, a trial to the court was held, wherein
several witnesses testified.
On November 1, 2016, the trial court issued a judgment entry
convicting McVety of a lesser included offense of fifth
degree felony Insurance Fraud and sentencing him to three
years of community control and thirty days in jail.
McVety filed this appeal, asserting the following ...