Dec 03 2011

A Story about Restorative Justice #2: An On-Going Series

A big part of my mission on this blog is to feature examples of alternatives to incarceration. It is often difficult to find such stories reported in the news. The news prefers subscribe to the “if it bleeds, it leads” motto. Back in January of this year, I featured a story of restorative justice involving a mugging victim.

Now comes this story from the Cincinnati Enquirer:

Wearing his hard hat and a sheen of sweat, Danny Pabst stepped away from the locomotive and watched as Michael Morgan swung a sledgehammer like a baseball bat, smashing it into a metal rod held by his older brother, William Morgan.

Grunt, clang. Grunt, clang. Grunt, clang.

The Morgan brothers, Pabst and others were trying to dislodge a rusted, bent, 3-inch-thick metal pin. It was connecting a piece to the exterior of a 60-year-old locomotive being renovated in a Norwood rail yard.

After 30 minutes of sledge swinging and oath uttering, the pin finally was freed.

“I like the work that they do,” a panting Pabst said of William, 34, and Michael Morgan, 30.

He likes their work so much, he’s decided to hire them.

But Pabst wasn’t as enamored of them in April, when the brothers broke into the rail yard – where Pabst restores privately owned, historic passenger railway cars at his Cincinnati and Ohio Railway Services company – and stole $7,000 in copper cables.

The seven cables, so heavy that the brothers also stole a plastic 55-gallon garbage can to carry them in, are the electrical umbilical cords that connect rail cars.

Police were unaware of the theft when they saw the Morgan brothers at about 4 p.m. April 28 on railroad tracks burning rubber coatings off cables to get to the copper wire. But when Pabst reported the theft the next day, police immediately made the connection.

They went to a nearby scrap yard, where workers told police they had paid $454.50 for copper brought in by William Morgan, who signed the receipt and was on video scrapping the copper.

The copper cables were being hauled by William Morgan in a gray garbage can just like the one Pabst said had also been stolen, scrap yard workers told police.

Arrests weren’t new to the brothers. William Morgan, a former iron worker, had been to prison once. Michael Morgan, who did odd jobs, had been twice. All were theft-related convictions.

They stole from Pabst, William Morgan said, because their father is ill and receives hospice care.

“Our dad’s dying of cancer and we’re trying to keep the (family) house,” William Morgan said.

The brothers, who live just blocks away, know the rail yard well.

“They’ve been running us out of here since we were kids,” William Morgan said with a laugh.

When they came to court in August, Pabst asked if they had cash to repay him the $7,000.

Because they had no money, Pabst offered a suggestion.

As attorney Greg Nolan, who represented Michael Morgan in his receiving-stolen property case, put it: “The words out of Danny’s mouth were, ‘These jerks, if they just would have only come to me in the daylight hours, I would have hired them. I’m desperate for help.’

“Given the number of copper thefts and the amount here, there was a good chance both of these gentlemen were going to jail.”

Pabst, though, persuaded Hamilton County Common Pleas Judge Robert Ruehlman to place the brothers on probation so they could work off their debt to him.

“That’s amazing,” the judge said. “That’s a first. We don’t have that very often, where guys steal stuff and then actually come back and work for the victim, pay them back by working for them.”

The judge put the brothers on probation for a year so they could pay off the debt.

Read the rest of the story here.