Man who stole $550K not going to jail

LOCKPORT, N.Y. (WIVB) - A contractor from Niagara County won't spend any time behind bars for spending hundreds of thousands of dollars of his 89-year-old friend's money.

On Thursday in Niagara County Court, Kenneth Heitzenrater said his victim, who he stole more than $550,000 from, was "like a father to him." Heitzenrater says he met the victim 30 years aho when they were neighbors.

In 2010, the victim put Heitzenrater in charges of his will, giving him half of everything the victim owned and making Heitzenrater executor of the victim's estate. In two years, Heitzenrater stole over half a million dollars. But he was only sentenced to five years probation on Thursday.

"I guess I ruined his trust in me and I'm sorry," Heitzenrater said. "The only thing that was bought with [the victim's] money was the two buildings and the Chevy Camaro."

Heitzenrater used the money for an ice cream and quilt shop. Last October, he pleaded guilty to grand larceny.

Prosecutors say part of plea agreement ensured Heitzenrater that his wife wouldn't face any charges. Prosecutors say she knew about the scandal and even signed some of the checks.

Now the elderly victim, who saved his money his whole life, is left with almost nothing.

Judge Sara Farkas said, "You were his trusted friend. And now what you've done has basically destroyed his last years here on Earth."

Judge Farkas has ordered Heitzenrater to sell his ice cream and quilt shop. All of the money from the sale will go to the victim.

He will also have to pay $1,300 a month in restitution. It will take Heitzenrater more than 35 years to pay it all back.

Jil Plavetzki is the victim's court-appointed guardian for his estate. She said the victim has about $70,000 left and he's currently staying in an assisted living home.