One of two men involved in a forced-entry burglary in Le Roy last year was sentenced to five years probation today, but the consequences of his crime could be a little more difficult to overcome.
William J. Hixenbaugh, 28, of Lake Street, Le Roy, is on the hook for the entire $1,500 in restitution claimed by the victim.
Typically, co-defendants in the same crime would be ordered to split the restitution, but Hixenbaugh's partner was sentenced before the victim had filed a restitution claim, so the judge couldn't order restitution at the time of sentencing and restitution can't be added to the sentence retroactively.
If Hixenbaugh can't convince Carl M. Vander, 23, also of Le Roy, to split the difference, he will need to file a civil suit against Vander.
Hixenbaugh and Vander were arrested by Le Roy PD at the end of March following a six-month investigation into the burglary. They stole a television and mobile phone. Those items were reportedly recovered.
They also damaged property during the burglary.
Judge Charles Zambito could have sent Hixenbaugh to jail for six months under terms of the plea deal but gave him probation even while expressing doubts about his character.
"I find the explanation you provided unbelievable," Zambito said. "If that attitude continues, you're going to have a hard time making it through five years of probation."
ADA Kevin Finnell argued for some jail time, suggesting the defendant hadn't accepted full responsibility for his crime, saying Vander was the instigator.
"It seems Mr. Hixenbaugh has an excuse for everything he does in life," Finnell said.
Hixenbaugh will be paying back the $1,500 in $50 installments over the next 30 months.
