PITTSFIELD -- One of three former Pittsfield Highway Department employees alleged to have stolen diesel fuel from the city’s maintenance garage had his case dismissed after paying $500 in restitution.

Kevin G. Liebenow, 53, of Perrine Avenue, admitted to facts sufficient for a finding of guilt in Central Berkshire District Court this week on three felony larceny charges related to the alleged theft of $500 worth of diesel fuel from the city on three separate occasions last November. Liebenow and two others were caught on videotape stealing the fuel, according to a police probable cause report.

Tod E. Wallace Sr., 51, of New Lebanon, N.Y., is charged with two counts of felony larceny from a building. Richard Bator, 53, of Cheshire, is facing one count of larceny from a building. Police allege Wallace also stole office supplies and exhaust hoses from the maintenance garage.

Wallace and Bator have denied the charges and are due back in court April 24.

This past October, Commissioner of Public Utilities Bruce Collingwood contacted Pittsfield Police over suspicions that the three employees were stealing diesel fuel from the maintenance garage at City Yards on West Housatonic Street. They were later charged after a detective bureau investigation that included the installation of cameras in the garage that allegedly caught the men on tape committing the thefts.

On Monday, Liebenow had his case continued without a finding of guilt and dismissed by Judge Paul M.


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Vrabel after he paid $500 in restitution. The sentence followed a joint request by the Berkshire District Attorney’s Office and Liebenow’s attorney, John A. Berndardo.

Last month, the three defendants were terminated from their jobs with the city after a "thorough internal investigation into the issue and a review of the facts," according to city of Pittsfield Director of Personnel John DeAngelo.

To reach Andrew Amelinckx:

aamelinckx@berkshireeagle.com

or (413) 496-6249.

On Twitter: @BE_TheAmelinckx