Jun 13, 2008 By Jennifer Harr 2 min read

The state Superior Court rejected all of the appellate arguments of an Ohio man convicted in Greene County Court of conspiracy to commit theft and upheld his conviction and sentence. In 2006, Dallas James Croasmun, 54, of St. Clairsville was convicted of the single conspiracy count, which related to the theft of a used mine belt from Enlow Fork Mine in Richhill Township. Consolidated Coal Co. owns the mine, and Croasmun worked as a yard foreman at the mine. A judge sentenced him to 231/2 months of probation and ordered him to make $9,800 in restitution. He also was charged with stealing scrap metal, but a jury found him not guilty of those counts. This was his second trial on the charges.

In 2005, the Superior Court reversed Croasmun’s conviction and granted him a new trial based on a claim of juror misconduct. He was retried for five counts of theft by unlawful taking and five counts of conspiracy to commit theft by unlawful taking. He was convicted of one count of conspiracy and sentenced to 231/2 months of restorative sanctions.

On appeal, he claimed that a judge should have dismissed the charges because an alleged co-conspirator had been found not guilty in a separate trial.

Croasmun also claimed that the verdict was inconsistent and illogical because their finding meant they believed he was guilty of conspiracy to steal a mine belt, but not actually stealing it. He also questioned if he should be held responsible for restitution.

The state Superior Court rejected all of the appellate arguments and upheld his conviction and sentence.