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December 4, 2009

No jail for ex ski-center boss

$25,000 restitution for electricity theft at Titus Ski Center

By DENISE A. RAYMO

MALONE — Zachary White was sentenced to 700 hours of community service and must pay $25,000 in restitution for stealing electricity for Titus Mountain Ski Center.

He was fined another $15,000 for violating environmental laws by sending wastewater into a stream that flows into the Salmon River.

White, 45, of Malone was visibly relieved and whispered "thank you" when Acting Franklin County Court Judge Penelope Clute rejected a Probation Department recommendation to sentence him to County Jail.

His family members gathering in the courtroom clasped their hands in prayer-like fashion as the judge spoke, wiped away tears with tissues and softly sobbed during the 40-minute proceeding.

White pleaded guilty in October to 14 charges, including two felonies, for bypassing the National Grid electrical meters at the Ski Center so the venue would not be charged for the power it used during snow-making and ski-lift operations.

The sentences carry conditional discharges that require him to complete his community-service obligation and not be arrested in the next three years.

If those conditions are broken, White could be sentenced to a year in County Jail.

'I REALLY MESSED UP'
Given a chance to speak before he learned his fate, he apologized to the court and the community of Malone.

"I'm sorry. I had to help keep the Ski Center here for Malone, and I made a mistake. I'm a good person.

"I don't know what I was thinking. I've hurt my wife and son and a lot of people. It has affected more people than you can imagine.

"My employees wonder every day if they are going to lose their jobs," the former Ski Center manager said. "I really messed up, and I learned my lesson in more ways that you can imagine.

"All I had was the ski business, and it's all gone. My life was up there. I screwed up. I screwed up."

LETTERS
Clute said her office received more than 30 letters of support on White's behalf, as well as a strong letter from National Grid urging her to give him jail time.

Probation was not an option, according to the report, which stated "our department has nothing to offer this man" since White does not require referral treatment or other standard services most other probation clients receive.

The judge said White has many skills, including the ability to repair and operate all of the equipment the Ski Center used, so she was confident some community-service projects could use his talents.

But Clute corrected White, saying what he did was not a simple mistake.

"These were several conscious decisions over a period of time. But you've experienced severe penalties already for your actions," including losing his job, disappointing his family and damaging his reputation in the community.

"Your regret and remorse are important," Clute said before ordering the community service, fines and restitution.

FINES LEVIED
White switched off the power at the meters between August 2005 and March 2008, which is when a former employee told State Police about it.

An investigation was launched, and National Grid checked its information and determined outages occurred over nearly three years. The longest power interruption was 39 consecutive days.

White pleaded guilty to second-degree grand larceny and was ordered to pay National Grid $25,000 in restitution. He was also fined $3,325 and must serve 200 hours of community service. White was ordered to submit a sample of his DNA to the state registry, paying the $50 fee.

The second felony was for failure to obtain a sewer-discharge permit under State Department of Environmental Conservation law. White was fined $7,500 and ordered to pay a $300 mandatory court surcharge and a $25 crime-victim fee and to serve 500 hours of community service, in addition to paying $3,800 in fines for the other counts against him.

The environmental charges stem from White's failure to replace a faulty septic system that served the Ski Center's lower lodge. Instead, he ordered the wastewater be rerouted to a drainage ditch that empties into the Salmon River.

White pleaded guilty to four counts of second-degree criminal tampering, four counts of theft of services and one count each of fifth-degree criminal possession of stolen property, failure to register a fuel tank and disposal of waste against state regulations.

Clinton County District Attorney Andrew Wiley handled the sentencing Thursday as special prosecutor.

E-mail Denise A. Raymo at: draymo@pressrepublican.com

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