Modified: February 1, 2023 1:27pm
Erie County District Attorney John J. Flynn announces that 33-year-old David J. Whitman, formerly of Niagara Falls, was sentenced this morning before Erie County Court Judge James Bargnesi to a 3-year conditional discharge and ordered to pay $5,000 fine.
Between March 30, 2019 and September 10, 2019, the defendant, who was the sole owner and operator of Whitman Metal and Roofing, collected a total of $21,472.23 in deposits from five different customers to perform roof repairs. The defendant never performed any work on the homes of the victims, which were located in Cheektowaga, Depew, Derby and Williamsville.
Whitman pleaded guilty to one count of Scheme to Defraud in the First Degree (Class “E” felony) on April 1, 2021. He has since paid full restitution of $21,472.23 to the victims.
A bench warrant was issued when the defendant failed to appear for sentencing in July 2022. He was arrested on the warrant in College Station, Texas in late September. Whitman waived extradition and was returned to Western New York the following week. He was held without bail pending sentence.
Whitman also paid full restitution of $ $7,422.19 to a sixth victim. The defendant failed to perform any roofing work after accepting a deposit from another customer in the City of Buffalo. Whitman pleaded guilty to one count of Attempted Grand Larceny in the Fourth Degree (Class “A” misdemeanor).
As part of the conditional discharge, Whitman, who now resides in Texas, must submit a DNA sample. If he fails to submit his DNA within the next 180 days, he will be re-sentenced to serve an indeterminate sentence of 1 1/3 to 4 years in prison.
The case was investigated and prosecuted by Assistant District Attorney Christopher P. Jurusik of the Special Investigations and Prosecutions (SIP) Unit.