Group sentenced in Chili's pepper prank
Toolbox
By PATRICK McARDLE STAFF WRITER - Published: September 30, 2009
BENNINGTON — Judge David Suntag handed down sentences as well as a bit of advice to four people who appeared in court Tuesday to plead guilty to charges in connection with the theft of a metal chili pepper from the top of a Chili's restaurant in Bennington.
"Try not to do stupid things in the future of this magnitude. Smaller stupid things are better," he said.
The group included two Bennington College seniors, a recent graduate who plans to start a stint with AmeriCorps and an applicant to an Ivy League college.
The plea agreements called for lesser charges and a sentence that includes writing an essay and may involve running a car wash in the restaurant's parking lot.
According to affidavits filed in the case, the Bennington County State's Attorney's Office had planned to charge Asher A. Woodworth, 23, of North Hampton, N.H., with a felony charge of attempted grand larceny of an item worth more than $900.
Claire Davis, 22, who is living in Brooklyn, N.Y.; Sophia Giordano, 22, of Williamstown, Mass., and Susan Michet of Illinois, were to be charged with one felony count each of aiding in the commission of a felony.
However, through plea agreements, each was instead charged with one misdemeanor count of attempted petty larceny of items worth less than $500 and unlawful mischief which resulted in damage greater than $250.
All four were given sentences that were deferred for two years. If they complete their state-assigned tasks, which include 200 hours of community service and a five-page essay on "how this offense has wasted taxpayers' money," their records will be expunged.
Bennington County State's Attorney Erica Marthage said the state wanted to make sure the defendants received a serious punishment.
"Although it may have seemed like a prank and something that was funny and something that maybe they could have gotten this giant chili pepper off the roof of Chili's (but) what they failed to realize is that when (the Bennington Police Department) responded, it was to a burglar alarm. It was a little after 4 a.m. My understanding is when the officers responded, their guns were drawn. … I'm not quite sure that the individuals here quite yet grasp how this could have turned out pretty quickly," she said.
Marthage said given the weight of the sign, which a spokeswoman for Chili's parent corporation said weighs about 300 pounds, somebody could have been hurt in removing it or trying to move it to a different location.
"It's interesting to me because although they're highly educated, it's difficult to imagine that this was something that they thought was a good idea. It doesn't look like they were severely intoxicated so for something like this to seem like a good idea just boggles the mind," Marthage said.
All four defendants thanked the restaurant's General Manager Michael Wert, who explained why Chili's was not looking for restitution.
"The defendants are college kids. We all were. I don't want to, we don't want to ruin their lives and have something go on (their) record as a felony. They did not do any damage, particularly to the sign. There's a small cut. It's nothing major. If we can take something like this and turn it into a positive spin for them and hopefully they'll learn something," Wert said.
Marthage said the state wanted Chili's to be involved with guiding half of the 200-hour community service requirement, which would include running a car wash at the Bennington restaurant to benefit St. Jude's Children's Hospital.
In an affidavit, Bennington Police Sgt. Camillo Grande said he and another officer went to Chili's on Sept. 6 to investigate a burglar alarm.
Woodworth was on the roof of the building. Davis, Giordano and Michet admitted in court on Tuesday that they acted as "lookouts." Police said that 463 feet of extension cords had been run from a shopping center located across the four lanes of North Bennington Road, which was used to power an electric drill used to remove bolts holding the chili sign to a stand on the roof.
Bennington attorney Stephen Saltonstall, who represented Michet, said the Bennington College senior was "very ashamed and remorseful."
Davis was represented by public defender Frederick Bragdon while the other two defendants were also represented by private local attorneys, Woodworth by David Silver and Giordano by James Cormier Jr.
Michet said she had been disciplined by Bennington College and Woodworth said he was sorry that he hadn't considered how the incident would damage the relationship between the college and the town.
A call to Bennington College for comment on Tuesday was not returned.
patrick.mcardle@rutlandherald.com
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