06252018 - News Article - Feds seek yearlong sentences for tow operator, former Lake County chief tied to Buncich's towing scandal

Feds seek yearlong sentences for tow operator, former Lake County chief tied to Buncich's towing scandal
NWI Times
June 25, 2018
https://www.nwitimes.com/news/local/crime-and-courts/feds-seek-yearlong-sentences-for-tow-operator-former-lake-county/article_32cbe65f-6128-53b0-af42-b4586a8c68f4.html

HAMMOND — The federal government is recommending yearlong sentences for former Lake County Police Chief Timothy Downs and tow operator William "Willie" Szarmach, both of whom were ensnared in former Sheriff John Buncich's corruption scandal, court records show. 

According to U.S. District court filings, prosecutors have asked Judge James Moody to sentence Szarmach, operator of C.S.A. Towing in Lake Station, to one year and one day in prison, calling his testimony critical in the corruption case.

Prosecutors recommended Downs to serve six months in prison and six months in home confinement, calling his undercover work in the case "pivotal" in Buncich's conviction, Assistant U.S. Attorney Philip Benson wrote. 

Timothy Downs was Buncich's former second-in-command during the towing scandal. He pleaded guilty to selling Buncich's fundraising tickets on public time, while Szarmach, a Lake Station towing firm owner and longtime Buncich associate, pleaded to paying tens of thousands in bribes in exchange for towing contracts. 

A federal grand jury indicted Buncich, Downs and Szarmach in November 2016, after which Downs became a cooperating government witness. Szarmach similarly offered cooperation. 

Downs' max sentence could have carried a year and a half in prison; Szarmach could have faced more than four years in prison. 

Both testified against Buncich during trial.

"Szarmach was a very effective trial witness providing inside information about Buncich's efforts to obtain cash ... as a quid pro quo for towing opportunities controlled by Buncich," Benson wrote. 

"Downs' immediate conversion from target to cooperator, without the benefit of counsel, greatly aided this investigation and should bear considerable weight in any down departure consideration," Benson wrote. 

Downs provided "truthful and accurate" testimony and cooperated undercover for the government for more than a year. His undercover role was fraught with risk because of Buncich's popularity with many members in the department. 

Buncich is serving a 188-month sentence for shaking down towing firms for campaign contributions. A U.S. District Court jury found him guilty in August of bribery and fraud charges for soliciting and receiving illegal payments from towing firms angling for lucrative towing work from Lake County police.

Earlier this month, Buncich was granted a second extension to file an appeal for his conviction on bribery and fraud charges. The new deadline is July 16. 

Szarmach and Downs' sentencing hearing is set for July 9.