***MEDIA ADVISORY***
FOR IMMEDIATE RELEASE: May 29, 2014
HORN RECEIVES MAXIMUM SENTENCE FOR FOREST RIVER THEFT
Media Contact: Curtis T. Hill, Jr. (574) 296-1888
On Thursday, May 29, 2014, Kristian Horn received the maximum sentence of three years for the theft he committed from former employer Forest River resulting in the company ultimately losing more than $95,000. The sentence was handed down by Judge Charles Wicks of Elkhart Superior Court No. 5 after a jury convicted Horn earlier this month.
The verdict came after jurors heard evidence from thirteen witnesses showing that Horn, in his former position as a purchasing agent for Forest River, made several orders to various suppliers for specific amounts and types of plywood all, presumably, for Forest River. Instead, at Horn’s direction, the product was then picked up and sold for approximately a third of its original price. The check was immediately cashed, and Horn pocketed a total of approximately $30,000 - $40,000 in cash over the course of multiple sales. Forest River, on the other hand, was left with nothing but invoices that eventually had to be paid.
At the sentencing hearing, Horn’s counsel argued for any executed time to be served in Community Corrections followed by probation to allow Horn to begin the process of paying back restitution.
Deputy Prosecuting Attorney Michelle Weeks pointed out the multiple violations of trust committed by Horn every time he made a purchase in Forest River’s name knowing his employer of twelve years would have to pay for the product while he pocketed the cash. DPA Weeks further argued that while Horn has been working for the past 2 ½ years, he has yet to successfully complete his restitution to the victim in a second theft case out of Kosciusko County bringing into question the veracity of his sudden acceptance of responsibility in this case.
Judge Wicks, citing to Horn’s multiple theft convictions, the fact that this was a theft from an employer, and the large amount of money lost by Forest River as a result, stated that while the State of Indiana generally prefers reconciliation to punishment in these kinds of cases, the Court’s concern in this particular case is deterrence. As a result, Horn was given a sentence of three years, the maximum sentence allowed for a Class D felony conviction, with one year to be served at the Indiana Department of Correction followed by two years to be executed on the Elkhart County Community Corrections Electronic Monitoring program. In addition, Horn was ordered to pay restitution to Forest River.
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“Under Indiana law, all persons arrested for a criminal offense are innocent until proven guilty in a court of law.”