Natural gas thief must pay

Stealing thousands of dollars in natural gas to keep his company afloat has cost a Regina businessman $20,000 in repayments to Sask-Energy and a year of living under strict conditions.

Stacey M. Getz received a 12-month conditional sentence for his crime when he appeared before Justice Brian Barrington-Foote in Court of Queen’s Bench on Friday.

“While it is clear Mr. Getz is extremely sorry he was caught, has had to defend himself, has suffered financial consequences and will be punished, I was not convinced that he was truly remorseful for having committed this serious crime,” Barrington-Foote said.

Under the terms of his sentence served in the community, Getz was ordered to stay out of trouble, not leave Saskatchewan without written permission, maintain a curfew from 9 p.m. to 7 a.m., allow police to search his residence or any of his properties to determine if there is any theft of natural gas, electricity, cable television, Internet or phone service, and pay at least $250 a month to a total of $20,000 for SaskEnergy. Breaching the terms could still land the businessman in jail.

Getz left court without speaking to reporters.

In settling on an appropriate sentence, BarringtonFoote said he not only had to consider deterring 50-yearold Getz, but others who might consider committing similar crimes.

According to a victim impact statement submitted by SaskEnergy, the problem of people trying to steal gas isn’t isolated to Getz.

SaskEnergy noted there were 15 reported incidents last year of tampering with its natural gas equipment “for the purpose of unauthorized use.” In 2012, there were 33 such incidents.

“Although there is no evidence of an urgent safety risk, I do not accept Mr. Getz’s attempt to characterize his actions as involving little or no risk,” BarringtonFoote said. “Natural gas is explosive. Its use is highly regulated for good reason.”

After a trial at which he represented himself without a lawyer, Getz was convicted in April of theft exceeding $5,000.

Getz owned and operated Getz Enterprises Ltd., a welding, fabrication and mechanical business. When SaskEnergy disconnected the company’s gas supply in December 2000 for nonpayment, Getz — beginning not later than 2008 and continuing to Sept. 20, 2011 — stole natural gas to fuel various appliances at the business, Barrington-Foote concluded. The judge found Getz established an unauthorized connection to tap into the gas, using at least $8,449 worth of it per year (a number that was considered to be a conservative estimate). Court heard he used a false-bottomed propane tank with a fake riser to cover up his crime.

During his sentencing submissions earlier this year, Getz contended he wasn’t driven by greed but his desire to keep his business going. “There is little distinction between these two concepts in this case,” said Barrington-Foote, who noted there was no evidence that the employees couldn’t have found jobs elsewhere.

The judge called it a serious offence, that required planning, and went on for at least two years and eight months.

“It was carefully covered up, and was brought to an end only as a result of a fortuitous report by a disgruntled employee,” BarringtonFoote said.

Crown prosecutor Dana Brule had initially suggested a jail term, but subsequently changed his position. Getz had complained that at previous proceedings, the prosecution had indicated it wasn’t likely to seek jail if he was convicted. A review of transcripts backed him up.

Getz asked that the charges be stayed on the basis of an abuse of process. But Barrington-Foote found there wasn’t the sort of “flagrant impropriety or egregious conduct” to constitute abuse of process.

Getz continues to operate a similar business.