Warren auditor pleads guilty in panic case.
YOUNGSTOWN
Warren Auditor Anthony J. Natale pleaded guilty in federal court to conveying false information related to use of a weapon of mass destruction – a move that will cost him his job as city auditor.
Natale, 37, of Genessee Avenue Northeast, changed his plea Tuesday from innocent to guilty to the felony charge before U.S. District Court Judge Benita Y. Pearson, who will sentence him at 2:30 p.m. Sept. 27.
“I’ve decided to change because, out of hurt and anger, I did put the powder in the envelope, causing the scare,” Natale told the judge concerning his mailing of the white powder to his former employer.
The guilty plea causes Natale to automatically lose his job as auditor under state law, according to Greg Hicks, Warren law director.
Warren Mayor Doug Franklin will appoint a temporary successor; and Warren’s Democratic precinct committee members will meet in five to 45 days to select a replacement.
Because the vacancy is occurring more than 40 days before the Nov. 8 election, candidates will be able to run in that election for the three remaining years in Natale’s term.
The federal indictment accused Natale of sending an envelope containing white powder to his former employer, American Business Center, 7677 South Ave., Boardman, Nov. 10, 2014, after being fired from his job there.
The powder fell out of the envelope onto an employee, causing panic that the powder might be a toxin, such as anthrax, and leading to an evacuation; a police, fire and HazMat team response; and a two-day closure of the business.
Natale became Warren auditor Jan. 1, after winning election last year upon the retirement of longtime auditor David Griffing.
The maximum penalty Natale could face is five years in prison, followed by three years of supervised release, and a $250,000 fine.
However, the judge said the guideline sentencing range for someone such as Natale, who has no prior criminal record, would be 21 to 27 months in prison.
By law, Natale will have to reimburse police, fire and HazMat departments for the cost of their on-scene response, said Justin Seabury Gould, the assistant U.S. attorney prosecuting the case.
Gould said he didn’t yet have itemized costs from the emergency responders, but he broadly estimated the total would be between $1,000 and $5,000.
Although the powder caused a scare, lab tests found it to be harmless, Gould said.
Natale’s lawyer, Desirae D. DePiero, told the judge it was her understanding Natale had resigned Monday as city auditor.
However, Alan Shaker, deputy director of the Trumbull County Board of Elections, said shortly after 3 p.m. Tuesday that the board had not received a resignation letter from Natale.
Under these circumstances, the board normally receives a letter of resignation from the officeholder and notifies Dan Polivka, county Democratic Party chairman, Shaker said.
The judge agreed to temporarily suspend Natale’s electronically monitored house arrest as a condition of his $20,000 unsecured bond because he recently fell and seriously injured his right knee.
Natale’s physician recommended an MRI of that knee, which would require removal of the ankle monitoring bracelet, Natale’s motion to halt electronic monitoring said.
Natale used crutches at Tuesday’s hearing.
Judge Pearson asked numerous questions during the 72-minute hearing to ascertain that Natale was knowingly and voluntarily waiving his right to a jury trial, admitting his crime and acknowledging the consequences of his guilty plea.
The judge also warned Natale not to communicate with his victims. “You don’t drive by. You don’t call,” she said.
If Natale violates conditions of his bond, the judge warned she’ll revoke the bond, resulting in Natale’s being locked up pending sentencing.