A Bradenton contractor was sentenced to 364 days in jail — to be followed by 14 years probation — for taking money from the city of Holmes Beach for work he did not perform.
Twelfth Circuit Judge Deno Economou found Chris Arnold, 64, guilty of one count of grand theft stemming from a city contract with his company, Services by Chris Arnold LLC, to replace curbing on Flotilla Drive and 11 streets in Key Royale.
Economou accepted Assistant State Attorney Lisa Chittaro’s recommendation at a June 25 sentencing hearing.
Chittaro made the recommendation after learning Arnold failed to bring funds to begin repaying the city, as promised in March to another presiding judge, Barbara Fleischer.
A restitution hearing is expected in 30-60 days.
The criminal case began when the Holmes Beach Police Department followed a tip from a former Arnold employee that the contractor had performed only about half the contracted work and ordered his crew to paint over curbs that had been marked for replacement.
According to an affidavit by HBPD Detective Sgt. Brian Hall, Arnold bilked the city out of $92,830.50.
In sentencing, the judge told Arnold, “You committed a crime.”
In addition to jail time and probation starting with his release, Economou sentenced the contractor to 100 hours of public service and court costs, including a $100 prosecution fee.
The judge waived costs of supervision, explaining, “it was more important” for Arnold to pay restitution. He also found the contractor “has the ability to find employment and work.”
Arnold originally faced one count of a scheme to defraud the city of Holmes Beach out of more than $50,000 — a first-degree felony with a maximum 30-year prison sentence.
Arnold was set to go to trial March 18 but instead accepted a plea to the reduced charge of grand theft with an 11-month, 29-day jail-time cap — identical to Chittaro’s sentence recommendation. Arnold’s plea left sentencing to the judge.
Several witnesses testified at the hearing, including HBPD Chief Bill Tokajer, city attorney Patricia Petruff and former public works superintendent Joe Duennes.
Tokajer said the city wanted full restitution, including repayment of attorney’s fees. He acknowledged Arnold offered to perform services to repay the city.
“The work was not ethically done in the first place, why give him another chance,” he said.
Petruff agreed with Tokajer, adding that restitution should include fees paid for an engineer’s review, as well as police and staff time.
She testified Arnold’s offer of work in lieu of payment was not something she’d recommend because a state law prohibits cities from doing business with persons convicted of public-entity crimes.
Duennes oversaw the Arnold contract as the head of the city’s public works and building department. He testified the contractor had done “quite a bit of work for the city of Holmes Beach,” including the construction of park shelters, the public works building and a structure at the dog park.
On the curb project, Duennes said Arnold submitted invoices and he’d ask the treasurer to pay them.
An expert witness for the defense and certified general contractor, R. Charles Scott of Sarasota, testified about the contract’s vagueness, including a failure to specify curb work locations and terms on how change orders and retention are handled.
Scott interpreted the contract as saying to Arnold, “We’d like you to do as much as you can for $200,000 … for some kind of work we’ll work out later.”
Arnold and his wife testified about Arnold’s declining health and financial difficulties.
Arnold testified he was a hard worker, but it’s been “three years with no pay.” He said he owes local merchants, his attorney and others.
Reid told the court his client may need to make some real estate transfers to make restitution.
Arnold blamed the city for “belittling me into having nothing.”
“They’ve taken me to nothing,” he said.
Arnold also told the court he’s tried to gain employment but has been unable to land a job because of the charge, his background and high blood pressure.
“I’d vacuum this carpet tomorrow if I could,” Arnold testified.
The two-hour hearing ended with the judge’s sentence.
After the hearing, Reid declined comment because of the pending restitution hearing.
Chittaro said, “I’m glad that someone who committed a crime against the taxpayers of Holmes Beach is behind bars.”