Hensley convicted on theft charge

A Batavia woman was found guilty of a fifth-degree felony theft charge Thursday during a bench trial before Highland County Common Pleas Court Judge Rocky Coss, after the defendant admitted on the stand that she stole jewelry from a relative's home. 

Sheena Hensley was indicted in March on a fourth-degree felony theft charge. The jewelry, according to the indictment, was valued at an amount greater than $7,500 but less than $150,000. However, the court found that the value of the stolen property was approximately $1,700.

While many items of jewelry were recovered from a Highland County Sheriff's Office cruiser in which Hensley had been confined, the victim testified that there were still several items that had been allegedly stolen but not recovered. 

The total amount of the jewelry that was allegedly stolen was valued at approximately $7,800. 

Coss said that while there was "a great deal of evidence" that suggests there was more jewelry taken than the items that were recovered, he found that the value of the stolen items were approximately $1,700 and less than $7,500. Coss found Hensley guilty of a fifth-degree felony theft charge. 

Hensley's attorney, Susan Zurface, said the fact that Hensley stole the jewelry was not in dispute. The issue before the court was the amount the jewelry was worth, which determined whether the theft charge was a fifth- or fourth-degree felony, and impacted restitution.  

The state, represented by Highland County Prosecutor Anneka Collins, presented five witnesses, including officers with the Highland County Sheriff's Office and the victim. 

The victim testified that the defendant had asked her if she could visit her with her two young children in February 2012. On Feb. 5, Hensley arrived at the victim's home. 

In preparation for Hensley's visit, the victim testified that she had decided to give the defendant a necklace that had belonged to her grandmother, along with some beaded "baby jewelry" as a gift. In preparing the gift, the victim testified that she was in her jewelry box, straightened a few pieces and observed the items it contained. 

Hensley arrived while the victim was in the bathroom. When the victim emerged, Hensley told her that she had to leave, which the victim said surprised her. She then gave her the jewelry gift and offered to show her another heirloom piece that was in the jewelry box. Hensley said she had to go, but the victim continued to the jewelry box, where she found that there were multiple items missing. The victim contacted law enforcement, and Hensley left. 

While on the stand, the victim went through numerous family photos that depicted her wearing pieces of the jewelry that was allegedly stolen. Some of the items had been found and returned to her, while other items have not been recovered. There were also printouts of webpages that depicted images and prices similar to the items that were allegedly stolen. 

The victim testified that a diamond pendant that was stolen was on a chain necklace. While the pendant has not been recovered, a piece of the chain it was on was found with the other jewelry and returned to her. 

At the objection of Zurface, the court denied the submission of the photos and webpages as evidence, ruling them to be hearsay. 

Deputy Tom Putnam of the HCSO testified regarding the investigation, and taking Hensley into custody. He stated that he searched her purse and the vehicle she was a passenger in, as well as trash cans in the area where the vehicle was stopped. No jewelry was immediately recovered. However, after taking Hensley to the Highland County Justice Center, jewelry matching the description of items that were taken was located underneath the seat of the cruiser. 

Scott Meeker, a friend of defendant who had driven her to her relative's house on Feb. 5, testified that he did not see Hensley with any jewelry and did not observe her hide anything in the vehicle or discard anything outside the vehicle. 

Putnam testified that the HCSO did not believe that Meeker was involved in the theft in any way and found his statements to be credible. 

Detective Sergeant Danny Croy testified regarding the keeping of evidence in the case.

Also testifying for the state was jewelry appraiser Jason Fox, who valued items that were recovered between $1,027 and $1,700. He did note that some items were damaged.  

The defendant testified that while her relative was in the bathroom, she opened the jewelry box, took "a handful" of jewelry and put it in her purse. She said that she was afraid for law enforcement to be called because she'd had a probation violation, and there was a warrant out for her arrest. 

Hensley appeared in court Thursday in the custody of the Highland County Sheriff's Office. She is currently serving six months in the River City Correctional Center on the probation violation. She had previously been convicted on a theft of drug documents charge, according to her testimony.  

Hensley said that when she was in Meeker's vehicle, she realized that her father was following the car, so she put the jewelry down her pants. After she was taken into custody, she put the jewelry under the seat of the vehicle. 

The defendant's father, Devri Hensley, testified that he had been contacted by the victim after Hensley left the home, and he tried to find her. When he encountered Meeker's vehicle, approximately seven miles from the home, he followed them until they pulled over at a gas station. Our of concern for his grandchildren, Devri Hensley testified that he contacted the children's grandmother, as well as his brother, Loftie Hensley. 

While following the vehicle, Devri Hensley said that he did not observe anything being thrown from the vehicle. 

Loftie and Devri Hensley each testified that they walked approximately a mile of state Route 134 looking for the additional alleged missing jewelry but never located the items. 

Zurface told the court that there was no direct evidence that Hensley had taken jewelry other than what was recovered. 

Collins argued that the necklace piece that was recovered without its pendant was strong circumstantial evidence that Hensley had taken additional items. 

Coss found Hensley guilty of a fifth-degree felony theft charge and ordered a pre-sentence investigation. A sentencing hearing was scheduled for July 31. 

Zurface told The Highland County Press that, "We believe it was a fair and just ruling."

While the theft was never in dispute, Zurface said, the value of the items was in question. She said the trial was to determine the value, as the victim had initially sought restitution of approximately $6,000 from Hensley.