Pay it back. But how?
Chris Arnold, 64, a former Holmes Beach contractor, must pay the city for overbilling on a 2012 curb-replacement project.
Twelfth Circuit Judge Deno Economou entered judgment Aug. 3 for the city and against Arnold — requiring the former contractor to pay $92,830.50 to the city and $1,392.72 to the Holmes Beach Police Department for its investigative costs — but did not set a timeframe for payment.
Jason Reid, Arnold’s attorney during the three years of proceedings, said his client will “make good faith efforts to pay the city.”
If Arnold doesn’t pay, Reid said it wouldn’t violate the order because the court “made a factual finding Arnold had a limited ability to pay.”
Reid, of the Bradenton law firm of Carlson, Meissner, Hart & Hayslett, also said the order is appealable, but declined comment on his client’s intentions.
Holmes Beach Police Chief Bill Tokajer wrote in an Aug. 5 text message, “We are pleased with the judge’s ruling and look forward to the city being reimbursed.”
Arnold pleaded guilty to grand theft in March 2015. He spent 10 months in the Manatee County jail after a June 2015 sentencing, which also included 14 years of probation and 100 hours of community work. Arnold was released from jail in May.
In his Aug. 3 order, the judge based restitution on HBPD’s Detective Sgt. Brian Hall’s testimony about the curb measurement, invoice and contract review.
A worker on the project had told city officials Arnold ordered curbing marked in orange for replacement to sprayed gray. Invoices showed Arnold submitted and received payment for work not performed.
Economou also stressed, “Of interest, the defendant submitted an invoice with the exact linear footage estimated in his addendum” that located where curbing was to be replaced.
“In addition, the defendant admitted that he instructed or he used gray paint to spray over the orange markings,” the judge wrote.
Economou found the testimony of a defense expert, who concluded an offset was due for extra work Arnold performed, was speculative, self-serving and based on selective information Arnold provided.
The order drew heavily from recommendations by the prosecutor, Assistant State Attorney Lisa Chittaro, in a July 18 memorandum.
However, Economou did not adopt all of Chittaro’s recommendations, omitting a suggested $500 monthly payment based on a $2,030 per month income and requirements for Arnold to look for work.
The judge also reduced the $3,069.19 request for investigative costs to $1,392.72, removing reimbursements sought for city expenses unrelated to HBPD.
“Based upon the above findings, the court finds the defendant, by a preponderance of evidence, has shown and proven, that he does not possess the ability to pay the restitution and costs of investigation,” Economou’s order stated.
Arnold has 30 days to appeal.