Kafka sentenced to 1-year probation

Robert A. Kafka, 49, Hutchinson, was sentenced Friday morning to 12 months probation for three counts of felony theft by deception.
Should Kafka, formerly of Pittsburg, break his probation, he would be sentenced to 26 months incarceration for these counts, along with another nine months for a prior probation. He is currently on probation from a bad checks case. He also faces a civil case where the plaintiff claims to be out around $100,000.
Kafka was booked on multiple theft charges on Dec. 23, 2008. The theft charges involved construction theft by deception, with Kafka failing to complete work for which he had been paid.
Deputy County Attorney Reina Probert argued that the sentences should run consecutively for the events, which boasted 15 victims over two cases. She said that of the victims, who lost an estimated $21,000, some thought that Kafka should be “strictly supervised,” while others thought that he should serve some jail time.
“He caused a great deal of harm,” Probert said. “There was a breach of trust.”
Kafka’s attorney Charles O’Hara said that Kafka was suffering from severe depression over the course of the events, while fighting a bout with alcoholism. He said that Kafka had dealt with both problems though treatment and just wanted to move on with his life.
“He feels bad for what happened,” O’Hara said.
O’Hara said the sentences shouldn’t run consecutively since it stemmed from the one time period.
In the end, Crawford County District Judge A.J. Wachter sided with Probert, stating that Kafka had “caused a lot of havoc.”
As part of the sentencing, Kafka has agreed to make restitution to the victims identified in this case. A condition of his probation dictates that he will not be able to receive any money for future construction jobs until after the jobs are finished. Kafka will be able to apply about 40 days he spent in prison toward his sentence, if that prison time is found to be served exclusively for this case.
Kafka said he recently started working again, and Wachter dictated that if Kafka began making anything in excess of $2,400 per month, 25 percent would be mandated toward repaying the victims.
“I think you got off pretty easy,” Wachter said. “I hope that you take advantage of the fact that you did.”