Man Gets Probation for Theft of Woman’s Roof Repair Money
By Terri Jo Neff for the Herald/Review
BISBEE — A Huachuca City man with two dozen prior criminal convictions was sentenced Monday under terms of a plea deal to four years on probation for theft and forgery charges despite misgivings of the judge, who called the defendant “a parasite” who is not contributing to his community.
Bryan Lee Dinwiddie came before Judge John Kelliher Jr. for sentencing after he entered no-contest pleas last month in three cases for offenses from August and October 2017.
He won’t start to serve the four-year probation term until he completes a three-year term he’s already serving for convictions from last year for contracting without a license.
Dinwiddie, 58, was also ordered by Kelliher Jr. to pay roughly $4,000 in restitution for the cases, including more than $3,400 to an elderly woman who paid Dinwiddie and his wife to repair her roof. Instead, they returned some of the materials and kept the money.
The other seven counts covered by the plea deal involve Dinwiddie’s multiple requests for refunds from Lowes for items he didn’t purchase. The sentence order includes a trespass order which prohibits Dinwiddie from entering any Lowes store in the country.
During sentencing, Kelliher questioned whether Dinwiddie deserved “this extremely generous plea offer” in light of his “reprehensible behavior” and said he considered rejecting the deal, due in part to Dinwiddie’s prior four felony and 20 misdemeanor convictions.
“If any of your cases deserve the loss of your liberty, this is the one,” the judge said. “It was a conscious decision to take advantage of an elderly woman and you never had any intention of doing anything but take her money and leave her worse off.”
In the end, the judge cited the large amount of restitution owed in the cases, which he noted will get paid sooner if Dinwiddie isn’t incarcerated.
“Our priority is to get your victims repaid,” Kelliher said, adding if Dinwiddie violates probation he could be resentenced for up to 3.75 years in prison for each of the offenses.
Karla Kay Dinwiddie was also sentenced by Kelliher on Monday for her role in the roof repair and Lowes refund scams. She must serve three years of probation and pay restitution.
In addition to his criminal record, Dinwiddie has a string of unlicensed contractor complaints with the Arizona Registrar of Contractors (ROC), some under the name Dinwiddie Construction.
A contractor must hold a ROC license in order to legally perform construction, home repair, or remodeling jobs which require a building permit or which have a total cost, with labor and materials, above $1,000.
Every year, the Arizona Registrar of Contractors investigates several complaints in Cochise County. These people have been adjudicated — either administratively or criminally — in the last 12 months for advertising or contracting without a license.
- Charles Anderson (Cochise), July 2018, felony investigation
- Francisco Baez (Hereford), November 2017, also accused of abandonment
- Ernesto De La Cruz (DLC Concrete), April 2018, criminal restitution order
- Tommy Finch (Hereford), November 2017
- Manuel Gonzales (BMR Air Conditioning & Heating), December 2017
- David Grotts (Sierra Sewer & Drain), January 2018
- Dustin Hamilton (Dustin’s Grading LLC), January 2018
- Robert Harnage (Pinnacle Property Mgmt.), February 2018, sentenced to state prison
- Sandee Harnage (Sierra Vista), January 2018, criminal felony conviction
- Todd Ingalls (Sierra Vista), November 2017
- Kenneth Leffler (KK & L Enterprises), September 2017
- Raynaldo Lopez (Sierra Vista), July 2018, two cases
- Arturo Retana (Willcox) April 2018
- Joseph Savalas (Sierra Vista) March 2018