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State v. McVety

Court of Appeals of Ohio, Third District, Logan

May 15, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
TIMOTHY JON McVETY, DEFENDANT-APPELLANT.

         Appeal from Logan County Common Pleas Court Trial Court No. CR16-02-0055

         Judgment Affirmed.

          Marc S. Triplett for Appellant.

          Eric C. Stewart for Appellee.

          OPINION

          SHAW, J.

         {¶1} 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.

         Facts and Procedural History

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} On September 15, 2016, a trial to the court was held, wherein several witnesses testified.

         {¶7} 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.

         {¶8} McVety filed this appeal, asserting the following ...


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