Feds seek 12-month sentences for former Lake County, Ind., police chief, tow operator indicted alongside Buncich
Chicago Tribune
June 25, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-downs-szarmach-sentence-recommendation-st-0626-story.html
Federal prosecutors are seeking nearly year-long sentences for a former Lake County police chief and tow operator indicted alongside convicted former Sheriff John Buncich.
Prosecutors asked Judge James Moody to sentence former Lake County Chief Timothy Downs to six months in prison and six months home confinement, according to court documents, and give William Szarmach, of C.S.A. Towing in Lake Station, a year and a day in prison. Assistant U.S. Attorney Philip Benson said both men cooperated extensively with investigators and provided needed insight into how Buncich solicited and collected bribes.
“Szarmach and Downs each provided testimony from different sides of the coin,” Benson wrote. “Downs’ testimony revealed details of the bribe taker, while Szarmach’s testimony detailed that of the bribe payer.”
“Both testimonies provided a clear and convincing picture of the true greed and corruption of the bribe beneficiary, John Buncich,” Benson added.
Downs, Szarmach and Buncich were named in a multicount indictment in November 2016 alleging a towing scheme where the sheriff accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich Boosters, according to court records.
Szarmach was later charged with filing a false tax return.
Downs pleaded guilty in December 2016, according to court documents, and Szarmach pleaded guilty in July 2017. Both testified against Buncich during his trial.
Moody in January sentenced Buncich to 15 years and eight months in federal prison after he was convicted of bribery and wire fraud during a 14-day trial in August.
Downs could have faced up to a year and a half in prison absent the downward departure, Benson said, and Szarmach’s sentence could have carried a maximum of four years and three months.
“Downs provided testimony that offered great insight about the inner workings of Buncich’s total control of the selection of Lake County towing firms and the assignment of specific towing areas to those firms,” Benson said. “Downs’ testimony left no doubt as to Buncich’s knowledge and control of all towing for the Lake County Sheriff’s Department.”
“Downs’ testimony also provided a first-hand account of Buncich accepting bribe payments in his Lake County Sheriff’s Office,” Benson added.
Supplementing material collected by a confidential source working with the FBI, Downs recorded meetings and conversations with Buncich, including a video that showed him taking $7,500 in cash collected from tow operators.
Matthew Fech, Downs’ defense attorney, asked the judge to sentence the former chief to 12 months of probation with the potential for a period of home confinement, according to court documents. Fech cited Downs’ lengthy law enforcement career and level of cooperation to justify a sentence without jail time.
“None of these points are meant to suggest that Mr. Downs should get off scot-free for his criminal conduct,” Fech said.
Benson said Szarmach’s testimony showed that Buncich not only sought bribes while in office but started ahead of his 2010 election, which guaranteed the Lake Station tow operator a spot on the county’s tow list from the outset.
Szarmach said, in his plea agreement, that he knew that buying campaign fundraiser tickets and making donations was key to securing towing business through the Lake County Sheriff’s Department.
The purchases were made to reportedly get promises from the sheriff, including securing Szarmach’s spot on the towing list, enlarging his heavy and light towing, getting Gary ordinance towing done by the Lake County Sheriff’s Department, and getting help from the sheriff to get towing at Indiana University Northwest, according to court documents.
“To increase my Lake County towing, I simply paid more money for more towing,” Szarmach said, in the plea agreement.
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