Judge John Tylwalk figuratively bit his lip as he sentenced a Lebanon man Wednesday to six days in Lebanon County prison, fined him $750 and ordered him to pay $14,025 in restitution to two youth sports leagues.
"This is a horrible choice between what I think should happen and what I will do," Tylwalk said before sentencing 41-year-old David Brunelli of 1108 Walnut St.
Brunelli will serve two years on probation, with the first six months on house arrest.
Tylwalk made it clear he wanted to give Brunelli more time in prison but weighed that against the amount of restitution Brunelli owes to the South Lebanon Athletic Association and the Falcon Youth Boys Basketball Association.
Brunelli pleaded guilty to theft by unlawful taking, access device fraud, forgery and theft by failure to make required disposition of funds.
According to court records, Brunelli wrote six checks totaling $2,700 from a Falcon Youth Boys Basketball Association account and used a debit card belonging to the group to make personal purchases totaling $9,000 between Dec. 2010 and February 2012.
Had Brunelli come up with the restitution, he would not have served any time in prison, according to his plea agreement.
Chief Public Defender Brian Deiderick, who represented Brunelli, said that the victims were primarily concerned with receiving restitution.
"(Brunelli) understands there aren't any excuses," Deiderick said. "He feels he is entirely responsible for his choices."
Brunelli had no prior criminal record."I am asking for leniency," Brunelli told Tylwalk prior to sentencing. "I personally have failed to instill the values I tried to teach ... respect, trust, teamwork, honesty along with doing the right thing. ...
"Embarrassment punishes me every day," Brunelli said. "What's most disappointing is not being with my son the last nine months. ... My goal is to make full restitution. ... I am a good person. I committed the acts out of desperation."
Tylwalk was clearly frustrated.
"So many of these cases make the news," Tylwalk said. "It's unbelievable. ... I just read that a woman in Cumberland County stole money from her church. We've had so many of these in Lebanon County."
Tylwalk served 16 years as treasurer of a local youth baseball league.
"I know how everyone busted their butts (to raise money)," Tylwalk said, recalling sub sales. "I know how much effort that takes."
Speaking to Brunelli, he said, "When I see this happen, it really ticks me off."
Tylwalk said Brunelli's sentence would be better for the victims than giving Brunelli a longer prison term.
"You violated all this trust," Tylwalk told Brunelli. "No one wants to be treasurer. It's a pain in the neck."
Tylwalk said the fines he gave Brunelli were "miniscule" considering the amount of money that was taken.
Should Brunelli violate any terms of his probation, he could be sentenced to state prison, Tylwalk said.
stevesnyder@ldnews.com; 272-5611, ext. 152
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