BY JOE OLENICK
The Tonawanda News
Tonawanda News — A plea offer has been made to a Barker man facing a grand larceny charge, but it comes with a number of conditions, such as paying restitution of $562,886.65.
Kenneth C. Heitzenrater, 50, Hartland Road, will return to Niagara County Court today. The offer also includes him pleading guilty to fourth-degree grand larceny, an order of protection and waiving his right to appeal. Criminal charges against his wife, Tara Heitzenrater, will be dropped.
There was some question on what the legal implications would be with Tara if the Heitzenraters were to divorce, which led to Judge Sara S. Farkas adjourning the case until today.
”I’m comfortable with the rest,” Farkas said of the plea deal.
According to the arrest report from the Niagara County Sheriff’s Office, Heitzenrater was arrested in June for taking large amounts of money from the bank account of an 89-year-old Quaker Road man. Heitzenrater was originally charged with second-degree grand larceny, a class C felony and arraigned in Newfane Town Court.
If the plea is taken, as a result, the Heitzenraters’ properties, including the Ridge Road-based Heartland Quilt Shop and Ken’s Eats and Treats, would be mortgaged. Heitzenrater also has a general contracting business.
Assistant District Attorney Heather A. DeCastro said work that was done by Heitzenrater on the victim’s home, as well as any money spent for the victim’s benefit, would be subtracted from the restitution total.
Heitzenrater’s attorney, Jon Louis Wilson, said the defendants agreed with everything on the record.