State v. Montwheeler

Defendants Anthony and Annita Montwheeler, owners of a scrap metal recycling business, were jointly indicted, tried, and convicted of aggravated theft in the first degree, ORS 164.057. Defendants agreed to pay money to Robert and Violet Heiple (the Heiples) for scrap metal hauled from their property at various rates of value. At trial, the parties disputed whether defendants underpaid the Heiples by failing to properly account for the amount of scrap metal they hauled from the property. Annita Montwheeler called an employee of the business to testify about the extent of the scrap metal…