PITTSFIELD -- The second of three men accused of stealing diesel fuel from the city's maintenance garage has had his case dismissed after paying restitution and court fees.

Richard Bator, 54, of Cheshire, along with two others, stole diesel fuel belonging to the city in November, according to Pittsfield Police.

This past October, Commissioner of Public Utilities Bruce Collingwood contacted police over suspicions that the three men were stealing diesel fuel from the maintenance garage at City Yards on West Housatonic Street. The three were later charged after allegedly being caught on tape committing the thefts by cameras that had been installed as part of a detective bureau investigation into the allegations.

In Central Berkshire District Court on Thursday, Bator pleaded to facts sufficient for a finding of guilt on a charge of larceny under $250 and had his case continued without a finding of guilt and dismissed by Judge Paul M. Vrabel after the defendant paid $20 in restitution to the city and $250 in court fees.

He was originally charged with felony larceny from a building, but was allowed to plead to a misdemeanor charge.

Bator was represented by attorney William A. Rota.

In April, Kevin G. Liebenow, 54, of Perrine Avenue, pleaded to facts sufficient for a finding of guilt on three felony larceny charges related to the alleged theft of $500 worth of diesel fuel stolen on three separate occasions.


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Vrabel continued the charges without a finding of guilt and dismissed them after Liebenow paid $500 in restitution.

Tod E. Wallace Sr., 51, of New Lebanon, N. Y., who was charged with two counts of felony larceny from a building, is scheduled for trial next week in the Jury of Six session of Central District Court.

All three men 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