NIAGARA FALLS, N.Y. (WKBW) — Erie County District Attorney John J. Flynn announced Wednesday that a Niagara Falls man was sentenced to a three-year conditional discharge after pleading guilty to one count of scheming to defraud.
Between March 30, 2019, and Sept. 10, 2019, the defendant, 33-year-old David J. Whitman, collected a total of $21,472.23 in deposits from five customers in exchange for performing roof repairs.
Whitman, the sole owner, and operator of Whitman Metal and Roofing, never performed any of the promised work on the victims' homes, which were located in Cheektowaga, Derby, Depew, and Williamsville.
Whitman pleaded guilty to one count of scheme to defraud in the first degree on April 1, 2021 and has since paid full restitution of $21,472.23 to the five victims.
A bench warrant was issued when Whitman failed to appear for sentencing in July 2022. He was arrested on the warrant in College Station, Texas, and was returned to Western New York the next week.
The defendant also paid full restitution in the total of $7,422.19 to a sixth victim. The defendant failed to perform any roofing work for this victim and pleaded guilty to one count of attempted grand larceny fourth degree.
As a part of his conditional discharge, Whitman who now lives in Texas must submit a DNA sample. If he fails to submit his DNA within the next 180 days, he will be re-sentenced to serve an indeterminate sentence of 16 months to four years in prison.
