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For the fifth time, the sentencing of Edwin Gary Smith, former owner of Menalto Cleaners in the Willows area of Menlo Park, has been postponed.
Mr. Smith, 64, who pleaded no contest in July 2016 to eight felonies in connection with unauthorized use of customer credit cards, is now scheduled to be sentenced at 9 a.m. Friday, March 17.
Mr. Smith agreed in a plea bargain in July 2016 to a maximum prison term of eight years and to pay restitution to all victims on all counts.
In Mr. Smith’s court hearing on Feb. 10, his attorney requested another continuance of the case, according to San Mateo County District Attorney Steve Wagstaffe. He said the defense attorney has asked for the extension to enable Mr. Smith to gather more money for restitution.
Restitution claims from victims add up to almost $500,000, and there are still more to be collected, Mr. Wagstaffe said. Mr. Smith is currently out of custody and working, earning about $1,800 per month, he said.
At $1800 per month income, how long will it take for him to earn enough for the restitution? This case is a joke. The guy is playing the system, and will probably never serve the time he deserves. Is it the DA’s office that agreed to this, or is it the judge’s order? Whichever it is, they need to be replaced with somebody who has a little more common sense.
There is no excuse for unauthorized use of customer credit cards, this entire situation is very sad. What makes this so heartbreaking is that E. Gary was known as the Mayor of Menalto, and was loved and respected by the community. The photo in this article was from the cover of the August 22, 2012 issues of the Almanac http://almanacnews.com/morguepdf/2012/2012_08_22.alm.section1.pdf for the Reader’s Choice Awards.
E Gary Smith is a thief, a swindler and a con-man extraordinary. What is the judge waiting for? Convicted felons deserve to serve jail time.