Man gets house arrest after pleading guilty to 16 felonies [The Daily Citizen, Dalton, Ga.]

Nov. 24—A defendant who pled guilty to 16 felony counts in Whitfield County Superior Court on Tuesday received a sentence of 10 years — but no prison time.

Rather, Joseph Nathaniel Harry will serve 45 days on house arrest, with the rest of the sentence to be served on probation.

The defendant pled guilty to seven counts of insurance fraud, seven counts of first-degree forgery and two counts of theft by deception.

Conasauga Judicial Circuit Assistant District Attorney Christina Antalis said the crimes were committed during early 2020.

"On or about Dec. 31, 2019, Mr. Harry opened a policy with Travelers Insurance," she told the court. "On Jan. 14, 2020, he did knowingly and willfully make a false and fraudulent statement of the material fact that he received services from Appliance and from Apple for damages as a result of a lightning strike."

Six days later, Antalis said Harry produced a fraudulent invoice to the insurance firm.

Antalis said Travelers paid the defendant $7,721.15 for the bogus claim.

She said the defendant made another false claim on Jan. 23, 2020, claiming damages from an alleged pipe leak.

Harry made yet another false claim in February 2020, claiming that several electronic devices were damaged by yet another lightning strike.

"He did make these false and fraudulent statements of material fact that those items were purported to be damaged," Antalis said. "For the purpose of attempting to procure payment of the false and fraudulent claim from Lemonade Insurance."

She said Harry also claimed that the Whitfield County Sheriff's Office investigated an alleged burglary at his residence in Rocky Face.

"In reporting this burglary, which did not happen and did not exist, he did knowingly make and possess a fraudulent Whitfield County Sheriff's Office incident report," Antalis said.

On Feb. 6, 2020, she said the defendant claimed a third lightning strike — "which did not occur" — damaged more electronics at his residence.

"On March 12, 2020, he made a false and fraudulent statement of material fact that he received services on March 10, 2020, from a 'paw care clinic,'" Antalis continued. "An investigation showed that that company did not exist."

On March 24, 2020, she said Harry reported a fourth alleged lightning strike.

"For the purpose of payment of a false and fraudulent claim by Allstate Insurance," Antalis said. "He did submit a fake invoice with the attempt to defraud — he did make and possess that invoice in the fictitious name of 'the electronic branch company,' which did not exist."

On March 26, 2020, Antalis said the defendant received a $10,000 payment from Allstate.

Antalis noted that each individual count of insurance fraud carried a maximum sentence of 10 years, as did each count of theft by deception. The maximum sentence for each count of first-degree forgery, she continued, is 15 years.

Harry was represented by attorney Marcus Morris during the proceedings, which were overseen by Conasauga Judicial Circuit Judge Scott Minter.

Morris asked Minter to sentence Harry under Georgia's "first offender" statute. Under that law, a defendant has the ability to petition a court to expunge his or her convictions, pending the successful completion of probation without any additional violations or arrests.

"He has no prior record, he is gainfully employed at a job where a felony conviction would terminate that job," Morris said.

Minter said he was "not inclined" to grant the defendant first offender status.

"If that changes his decision to enter this guilty plea, he can certainly withdraw his guilty plea," Minter said.

The defendant maintained his guilty plea.

As part of the sentence, Harry is ordered to pay a total $17,721.15 in restitution to Allstate and Travelers Insurance.

"The reason we're making the recommendation as to the serve time that we are is a result of the restitution payment," Antalis said. "He is to further complete 200 hours of community service, complete an alternate behavior course, be subject to random drug screens and abide by a curfew."

Harry is also ordered to refrain from having any contact with several named victims in the case.

"Any violation of any special condition may result in the balance of his sentence being revoked," Antalis said.

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