His laugh gave thief away: Winters gives 3-year sentence to man who scammed elderly couple

On Oct. 27, Ottawa County Common Pleas Judge Bruce Winters sentenced a defendant who stood in his court as a result of what Winters called “one of the most, if not the most, fascinating pieces of police work that I’ve seen in my career.”

The defendant, Jorge Eliecer Chalacra-Hoyos, was charged with one count of theft of a person in a protected class, a felony of the third degree. When the hearing was over, Chalacra-Hoyos walked out of the courtroom facing three times the amount of prison time that the prosecuting and defense attorneys jointly recommended to Winters.

The case began, according to police and court records, when an elderly Ottawa County couple received a phone call from a young woman claiming to be their granddaughter. She sounded in distress and told the couple she had been in an automobile accident and needed $16,000 to avoid jail time.

A man claiming to be a court employee drove to home to collect money

A male claiming to be a court employee reiterated to the couple they would need to pay $16,000 to ensure their granddaughter would not go to jail. They were advised to collect the money quickly, in cash, and a court employee would pick it up at their home.

Chalacra-Hoyos drove to the couple’s Catawba Island home and picked up the $16,000. Before he left, he made one critical mistake. As he walked back to his car, he laughed.

“That made the couple suspicious, and they called the police,” Winters said.

Catawba Island Police Officer Todd Parkison responded to the call and discovered several exterior cameras mounted at the home. He was able to secure very clear photos of Chalacra-Hoyos and the license plate of the car he was driving. When Parkison ran the plate, he learned it belonged to Avis Car Rental. Avis security staff were able to tell Parkison who rented the car and where.

Suspect had prior encounters with Border Patrol

“The police contacted Border Patrol and determined they had previous contact with the defendant. He was charged with conspiracy to transport or harbor aliens previously,” Winters said. “They had a photo that matched the photo from the outdoor camera.”

Officials from U.S. Customs and Border Protection learned the car had been rented in Detroit and worked with the Avis security team to determine when the car would be returned. The officials were waiting for Chalacra-Hoyos and arrested him without incident.

The $16,000 was eventually returned to the victims.

Judge praises collaborative work to nab suspect

Winters praised the collaborative work of Catawba Island Police, Customs and Border Protection, and the Avis security force. Winters said it is rare that scams of this type are prosecuted.

“It was wonderful work by everyone, very impressive work,” he said.

When Chalacra-Hoyos stood before Winters to be sentenced on Oct. 27, he thought he was facing a one-year sentence, but Winters was not bound to follow the attorneys’ recommendation.

Winters sentenced Chalacra-Hoyos to 36 months in prison.

Winters said he considered three factors when he made the decision. He needed to punish "the offender without demeaning the seriousness of the offense," he needed to make an example of the offender, and he needed to recognize the victims’ suffering.

"I do what I think is right," Winters said. "My decision to sentence him to 36 months had to do with the crime’s impact on the victims. This was the worst form of stealing. He stole from the elderly."

Victims were in a 'protected class'

The victims’ ages and the amount of money stolen heightened the sentence. According to Ohio Revised Code 2913.02, a "person in a protected class" includes an elderly person, disabled adult, active-duty service member or spouse of an active-duty service member. If the value of the property stolen from a person in a protected class is $7,500 to $37,500, the theft is a felony of the third degree.

Winters said he is not sure how often these types of scams against the elderly are perpetrated in Ottawa County, because the victims are often too embarrassed to call the police. By contacting the police, Chalacra-Hoyos’ victims not only helped put him behind bars, but they also received their money back.

Winters wants to warn local residents to be aware of scams in the county. He said phone calls asking for money are always a red flag. Calls are often untraceable, and the callers will play on the victims’ fears, sympathies or hopes. A common scam is a call claiming a $1 million prize can be claimed after several thousand dollars in taxes are paid.

“Another scam is, we’ve got people calling residents of Ottawa County saying they didn’t show up for jury duty and have to pay a fine or go to jail,” Winters said. “We don’t call people. If you miss jury duty, you’ll get a letter or a visit from a deputy.”

If a resident receives a call that sounds suspicious, it is best to take the time to research the call and get help in determining its legitimacy.

“It’s better to be safe than sorry,” Winters said.

Contact correspondent Sheri Trusty at  sheritrusty4@gmail.com.

This article originally appeared on Port Clinton News Herald: Thief's laugh makes Ottawa County couple suspicious, scammer caught