SOUTH BEND, Ind. - Eight men have been charged with stealing items from trains in northern Indiana, the WNDU Web site reports.
The defendants are John A. Frederick, Phillip A. Montorsi, Victor A. Montorsi, William J. Montorsi, Ryan P. Mrozinski, James B. Newland, John R. Patrick, and Joseph R. Phelps.
Here's where the case stands:
18 separate thefts were documented over a two year period. It's alleged the thefts involved both Norfolk Southern and CSX trains.
At least some of the thefts appeared to be inside jobs, and three of the men worked for the Norfolk Southern Railroad.
The charges indicate the defendants would meet late at night, board slowed or stopped trains, and remove the freight.
The stolen items included power tools, detergent, diapers, televisions, and cigarettes.
(This item was posted on the WNDU Web site Nov. 18, 2008.)
SOUTH BEND, Ind. - A former railroad conductor (and UTU member) and seven others face federal charges that they stole merchandise, including liquor and televisions, from freight trains stopped in northern Indiana, the Associated Press reports.
According to a grand jury indictment filed last week in federal court in South Bend, the men would use a radio to listen to train communications, then break into stopped Norfolk Southern or CSX train cars in the LaPorte area to steal the items.
They would select stopped trains or force trains to make emergency stops by removing pins between cars or disconnecting air brakes, the indictment said.
Some of the stolen liquor was sold in LaPorte area liquor stores and stolen boots and shoes were sold at a flea market in Shipshewana, the indictment said. Televisions, cigarettes, computer equipment, lawnmowers and diapers were also taken from the trains and loaded into a waiting truck.
The thefts occurred between April 2006 and last June.
Former Norfolk Southern conductor James B. Newland conspired with the others to remove the items from trains and sell them, the indictment said. Two of the other people indicted were identified as railroad employees.
(Newland is a suspended member of Local 194, Elkhart.)
Among those charged was Ryan P. Mrozinski, who the indictment said bought liquor stolen from the trains to sell at liquor stores owned by his family in LaPorte, about 20 miles west of South Bend. Mrozinski's defense attorney, Martin Kus, said he and Mrozinski would review the detailed indictment and that his client was looking forward to his day in court.
All eight have pleaded not guilty to the charges, including conspiracy, and were released from custody. The Associated Press left a message for Newland's defense attorney seeking comment.
(This item was distributed Nov. 21, 2008, by the Associated Press. Additional information added by UTU editors.)
(The following story by Timothy O'Connor appeared on the News-Dispatch website on December 1.)
LA PORTE, Ind. There was potential for derailment when alleged thieves forced freight trains to make emergency stops, a Federal Railroad Administration spokesman said.
According to a federal indictment, the men, Norfolk Southern conductors James Newland and Victor Montorsi, and engineer John Frederick, met to listen to radio communications from trains.
The three, who were occasionally helped by Phillip and William Montorsi, allegedly forced slow-moving trains to make emergency stops by removing the pins between cars or disconnecting the air-brake hose.
"What it would cause is an abrupt stop," Warren Flatau said. "There are circumstances where, conceivably, a car could derail."
He said the extent of a possible derailment would depend on a number of factors, such as speed and train length, but that it could be as minimal as one wheel detaching from the rail.
"It kind of underscores the significance of this because these are individuals who had nefarious intentions," Flatau said.
He said that in order to stop the trains and remove cargo, potential thieves would have to have knowledge of the train. Since freight containers are placed with their doors facing one another, Flatau said it was likely necessary to uncouple the cars in order to access their loads.
"It's not easy to do that," he said. "You'd have to have some knowledge. It would appear that these individuals knew what they were doing. It is not a straight forward thing to uncouple a car, especially if air brake hoses are involved."
He added that large railroad companies, like Norfolk Southern and CSX - from which the goods were allegedly stolen - often use all their engineers as a set of eyes to ensure the safety of locomotives. However, this isn't foolproof.
"They can't always walk a mile-long train," Flatau said.
Further, he said, many railroads instruct their employees to stay inside the train during a theft since they wouldn't know if the thieves were armed or not.
Representatives from CSX did not return phone calls, and Norfolk Southern declined comment.
I want to meet the future dead man that walks between moving cars to disconnect the air hoses and puts the train in emergency. Something tells me his king sized balls clank when he walks.
__________________
Some people say I have a bad attitude. Those people are stupid.
A | A | A A LaPorte grocery store owner was called the main fence in a ring of freight trainbox car break ins.
On Monday, 30-year old Ryan Mrozinski was the first of eight criminal defendants to be punished with prison time.
Mrozinski never personally broke into a box car, but he did admit that he got rid of some of the stolen goods. That was good enough to earn a prison sentence of 37-months behind bars.
Fighting back tears, Mrozinski told the judge that he took full responsibility for his actions, and that he was truly, truly sorry.
Mrozinskis sentence will force him to pay for his crime through incarceration, and through the payment of restitution to one of the ripped off railroads.
There was about 650-thousand dollars of items stolen from the train over a three year period, said defense attorney Martin Kus. Mr. Mrozinski was involved withaccepting stolen T-Vs, about 30-of them, and about 50-cases of liquor. While Kus estimates the losses caused by Mrozinski to be about 81-thousand dollars, the attorney added, hes (Mrozinskis) going to be responsible for restitution for the entire amount.
Actually, the judge called on all defendants in the case to pay the 662-thousand dollar restitution collectively. Problem is, Mrozinski is now the only defendant who has pleaded guilty and been sentenced. For the time being, Mrozinski is on the hook for the entire amount.
The governments criminal case involves three insidersformer railroad employees who orchestrated the break-ins. It also involves five fences who moved the stolen items.
Testimony in court today referred to Mrozinski as the main fence. However, the judge later ruled that Mrozinskis role in the operation was technically amateur, as opposed to professional.
It wasnt sophisticated, he accepted the liquor and T-Vs in his house and put them in his garage, said Kus. He gave away the televisions; he sold some of the televisions to people in the area. He was not a professional fence, as I argued, and the court agreed.
Testimony indicated that Mrozinski was first asked to fence goods after the first train heist in April of 2006. An FBI agent said Mrozinskis response at the time was Ill take em and any others you have. The agent went on to say that Mrozinski was consulted after every theft that occurred.
Mrozinski will begin serving his 37-month prison sentence on May 4th. Upon release, he also faces three years of supervised release.
Mrozinski could have received up to ten years in prison for his crime. His sentenced was reduced, in part, because this is the 30-year olds first brush with the law.
I want to meet the future dead man that walks between moving cars to disconnect the air hoses and puts the train in emergency. Something tells me his king sized balls clank when he walks.
