Urine stash earns tree thief 9 months in prison

Tipp City man must pay $94,500 to walnut tree owners.

A Tipp City man convicted of stealing mature walnut trees from three properties was ordered to pay $94,500 in restitution but first will spend nine months in prison after showing up at court with a bottle of urine taped to his leg.

Daniel Padgett, 29, was sentenced Tuesday, May 9, in Miami County Common Pleas Court to five years of community control, the restitution and 60 days in the county jail. After the urine was found by a deputy as he was being taken to jail, Padgett’s sentencing on charges of theft and possession of methamphetamines was continued until Wednesday, May 10.

Judge Christopher Gee said Wednesday the sentenced ordered Tuesday was not effective until he signed the official court paperwork, which had not been done. He said the urine incident negated his finding that Padgett could be placed on community control, undergo drug treatment and spend some time in jail. He instead sentenced Padgett to prison.

Padgett was accused of cutting down walnut trees on private property owned by two individuals and the Tipp City Eagles and selling the wood without permission.

Padgett pleaded guilty Tuesday. “Methamphetamines took over my life,” he told Gee. “I’ve learned a lot and realize how serious this is.”

Janna Parker, assistant county prosecutor, said “The loss of these trees is very significant to the victims and the community as well.” She asked the judge in determining a sentence to also consider, though, the large amount of restitution and the need for Padgett to pay the owners.

The $94,500 restitution amount was a compromise agreed by the parties in the case based on value of walnut trees.

“These are large trees, very valuable trees,” Gee told Padgett at the initial sentencing hearing. “It is not like you could purchase a mature walnut tree that could replace the ones that were taken.”

Gee said he also was troubled that Padgett has been arrested on similar charges in Greene County. Those charges are pending.

Because of the amount of restitution, Gee said Tuesday he would put Padgett on community control after he served 60 days in jail so he could begin making payments.

When Padgett returned to court Wednesday after the deputy found the bottle of urine, the judge asked him to explain the incident.

Padgett said he had smoked marijuana after a previous court hearing when a random drug test was ordered, and had the clean urine with him in case another screening was ordered Tuesday.

He said he bought the urine from “the store” and said he was sorry for his actions.

Gee said he takes the responsibility of sentencing each person who comes before him very seriously.

“What you did yesterday is you basically showed your contempt for this entire process,” Gee said. “Strapping urine to your leg tells me about your honesty.”

The stunt, the judge said, showed Padgett was someone with “huge nerve.”