Daniel R. Kleinsmith, 45, of Ronald Drive in North Ridgeville, Ohio, was sentenced on Thursday, August 26, for one count of Theft. Although originally indicted as a felony, the State amended the indictment to a misdemeanor on condition that Mr. Kleinsmith enter a guilty plea.
Judge Kimbler sentenced Mr. Kleinsmith to 180 days in jail, but suspended the jail sentence on several conditions. The conditions included being supervised by the Medina County Adult Probation Department for two years; paying $1314.22 in restitution; performing 24 hours of community service; making best efforts to obtain and maintain employment; obtaining a drug/alcohol assessment and abiding by all aftercare recommendations; not possessing or consuming alcohol; and paying a monthly community control sanction fee if employed.
In his explanation of why he stole from his employer, Mr. Kleinsmith explained that as a truck driver for his employer he had access to a fuel card. He used the fuel card for private purchases and turned in the receipts, intending to pay back his employer when he got paid. He had been doing this for several years, but this time, he got into a dispute with his employer over his paychecks. He believed that the employer owed him money for his work, and the employer believed that Mr. Kleinsmith owed him for his use of the credit card.
By the time the case was filed, Mr. Kleinsmith was no longer working for his employer. One day Mr. Kleinsmith received a certified letter with his paychecks and the next day he was visited by a detective from the Brunswick Police Department. Following that detective's investigation, he was charged with Theft for using the credit card for private purchases.
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