Wichita judge to New York defendants: We’re not ‘country bumpkins’

Two New Yorkers who carried out an elaborate identity theft and electronics buying scam in Wichita last fall were placed on probation.

Sedgwick County District Court Judge Harold Flaigle followed the plea agreements negotiated by prosecutors and defense attorneys for Coben McRae and Preston Onwu when they pleaded no contest to 14 criminal counts, and granted each 18 months of probation on Wednesday.

McRae, 26, could be sent to prison for as long as 26 months if he violates the conditions of his probation, which include a nationwide ban on entering Best Buy and Wal-Mart stores.

Onwu, 25, could go to prison for 18 months if he fails to comply with similar conditions.

McRae and Onwu were arrested Sept. 25 after a Best Buy manager became suspicious of electronics and gift card purchases made by the men at the store at 2441 N. Maize Road. He called police when he realized they were using fraudulent credit cards, according to an arrest affidavit released to The Eagle last month.

Authorities recovered most of the stolen property from a Wichita hotel room and a Wichita FedEx store, according to statements made in court during their sentencing hearing.

Prosecutors say the men were planning to ship the goods out of state.

Prosecutors originally charged each man with more than 40 crimes, court records show. They agreed to dismiss all but 10 counts of identity theft and four counts of criminal use of a financial card for each in exchange for their no contest pleas in February.

After doling out McRae’s sentence Wednesday morning, Flaigle told McRae:

“Maybe this is small potatoes for New York, but this is big time for around here. This is thousands of dollars missing from local merchants, Mr. McRae. … We’re not New Yorkers. But we’re also not country bumpkins. We’re not the dumbest turnips on the truck.

“I think you got a pretty good deal, all things considered.”

After pronouncing Onwu’s sentence, Flaigle said: “This is a major crime in my opinion and is worthy of the maximum sentence on these counts.”

Because a Kansas law places a cap on the maximum sentence defendants can receive in the majority of cases, McRae and Onwu each received the stiffest sentence allowed.

Attempts by each man this month to withdraw his plea were refused.

No restitution was ordered as part of Wednesday’s sentencing proceedings because the property seized is being held as evidence in a federal criminal case filed against McRae and Onwu and will likely be sought there, attorneys said in court.

The men are expected to return to New York to serve out their probation.

This story was originally published June 23, 2016 at 5:18 PM with the headline "Wichita judge to New York defendants: We’re not ‘country bumpkins’."