Evansville man accused of profiting from catalytic converter thefts will appeal conviction
EVANSVILLE — A man convicted of stealing multiple catalytic converters from trucks belonging to an Evansville business will appeal a judge's ruling that he should serve four years in a state prison.
The Vanderburgh County Public Defender Agency filed a notice with the Indiana Court of Appeals on Wednesday stating that Daniel Eugene Payne, 36, would appeal both his conviction and sentence, which Vanderburgh County Circuit Court Judge Celia Pauli imposed Tuesday.
Under Pauli's ruling, Payne would serve two consecutive, two-year prison sentences with 305 days credit for time served. In a letter to the Indiana Department of Corrections, Pauli wrote that Payne should be "evaluated for treatment" while in prison.
Payne's sentencing − and subsequent appeal − come after a jury found him guilty of theft of property valued between $750 and $50,000, a Level 6 felony, in August. Prosecutors alleged that Payne pilfered valuable catalytic converters from trucks belonging to Astound Broadband by cutting them out from underneath the vehicles using a reciprocating saw.
While Payne pleaded not guilty to the theft charge, he did enter a plea of guilty to a habitual offender sentencing enhancement, according to court records. Pauli added an additional two years to Payne's sentence for his status as a habitual offender.
More: Here's the story behind how EPD says it cracked a string of catalytic converter thefts
According to public records, overturning Payne's conviction could prove to be an uphill battle.
Evansville police arrested Payne on Dec. 29, 2020, after detectives had surveilled him for hours and eventually conducted a traffic stop. In a sworn affidavit, Sgt. Anna Gray wrote that officers found three catalytic converters inside Payne's vehicle along with an electric saw, blades and other tools.
Gray said detectives also recovered a distinctive coat and Milwaukee-brand backpack from Payne's vehicle that had been recorded in surveillance footage during a catalytic converter theft.
Prior to Payne's arrest, detectives also obtained surveillance footage showing Payne's red, two-door Chevrolet Blazer at the scenes of catalytic converter thefts, according to Gray.
More: What to know about the uptick in catalytic converter thefts in Evansville, nationwide
Payne's arrest on Dec. 29 occurred after officers used night-vision goggles to observe him moving between his truck and an Astound Broadband property located along Hank Drive. Once Payne left the area, a detective inspected the Astound trucks and noticed that three catalytic converters were missing.
The company estimated it would cost about $9,000 to repair the vehicles, and it supplied surveillance footage to investigators, Payne's arrest affidavit states.
"They pulled up the camera footage and saw a subject matching Payne's description walk up to their building," Gray wrote. "On video, I observed the subject wearing a dark color coat with a hood up and a red backpack."
Officers pulled Payne over and arrested him after he reportedly made two turns without using his turn signal.
When detectives compared cut marks on the converters recovered from Payne's vehicle to the Astound Wireless trucks, Gray wrote that "all three matched up perfectly." At the time, Astound Broadband was known as WOW! Internet.
In all, the EPD said Payne made over $12,000 in 2020 by selling more than 50 catalytic converters to a scrap yard in Owensboro, Kentucky. From the outset, Payne denied that he stole catalytic converters or sold them, police records state.
After Payne's sentencing on Tuesday, Vanderburgh County Chief Public Defender Steve Owens noted that Cara Schaefer Wieneke had been appointed special public defender to pursue Payne's appeal.
Houston Harwood can be contacted at houston.harwood@courierpress.com
This article originally appeared on Evansville Courier & Press: Evansville man will appeal conviction for catalytic converter thefts
