Midshipman sent to brig for theft

He was the third midshipman in less than a year to be sentenced to prison for theft.

Midshipman 1st Class Thomas J. Hayes of South Glen Falls, N.Y., admitted Thursday to sneaking a total of 12 pieces of equipment out of the lab in his backpack.

He said he would not actually take the items until customers had submitted their bids. Then, he would go to one of the labs, Room 61 in Rickover Hall, and take the equipment.

"I described what the item was and what it did," he said of his typical eBay advertisement.

"I brought it back to my room (in Bancroft Hall), put it in a box and shipped it out," Hayes told the judge, Navy Capt. Bruce MacKenzie, during a court martial convened Thursday at the academy.

Hayes, 26 and a former enlisted nuclear submarine crew member, told the judge that he stole the items in an attempt to help his mother, who was facing financial hardship and foreclosure on her home.

He told MacKenzie that he often received disturbing phone calls from his mother, who was so desperate she threatened to kill herself.

Prosecutors countered that Hayes was able to afford a car and take a trip to Jamaica. If he needed money, he could have taken out loans or asked for emergency assistance, they said.

Hayes said he took the items, valued at a total of $28,000, between early October 2008 and late February 2009. He sold the items for about $14,000, according to statements made in open court.

At one point, when Hayes told of selling a generator valued at $2,000 for $850, MacKenzie said, "That's quite a deal, isn't it?"

Hayes also sold two Anritsu spectrum analyzers that had a combined value of $10,000 for $5,650.

Hayes was charged with larceny and loss or destruction of government property.

Academy officials testified that the stolen property has not been recovered.

One Naval Academy instructor testified that the theft has inconvenienced midshipmen because fewer mids are able to work on research projects at one time. Also, more lab sessions have had to be scheduled because of the equipment shortage.

"We have less equipment to go around, there is definitely more sharing. ... It becomes a time-consuming hassle," said Christopher Anderson, an assistant professor of electrical engineering.

Gerald Ballman, manager of seven electrical engineering labs at the academy, testified that Hayes' thievery threw suspicion on some employees in the department, thereby hurting morale.

"It impacted the environment," Ballman said.

Ballman testified that he alerted the Naval Criminal Investigative Service to the thefts.

Also, the academy spent at least $6,000 installing cameras in the labs in an effort to prevent additional thefts.

Plea agreement

MacKenzie sentenced Hayes to 36 months in prison, but suspended 24 months under a plea agreement reached between the midshipman and the academy.

MacKenzie ordered Hayes to pay $28,000 in restitution and dismissed him from the Navy under a dishonorable or "punitive" discharge.

Hayes also may have to pay the Navy upward of $100,000 for his education at the Naval Academy.

Sources said that Hayes was being transported to the Navy brig in Norfolk, Va.

Hayes called only four character witnesses, two of whom testified by telephone. His mother did not appear in court or testify.

Retired Navy Capt. Thomas Rogers, a Naval Academy graduate who lives in Chester, appeared in person.

He said he has known Hayes ever since they met at a tailgating party a few years ago.

"My opinion of Midshipman Hayes is that you have the wrong man. There is no question about what happened ... but the man I know is not the man who could do that stuff. The man I know is a good man, a straight man, a born leader," Rogers told the court.

Hayes is the third Naval Academy midshipman in 11 months to be sentenced to the brig for stealing.

In late April, then-Midshipman 1st Class Julia Kaelberer was sentenced to 15 months in prison for stealing jewelry and electronic equipment from other midshipmen.

MacKenzie was the judge in that case as he was in October, when the court sentenced a former Navy football player, then-Midshipman 3rd Class Christopher O. Rivers, to two years in prison for stealing teammates' charge cards to buy stereo headphones.

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judging a book by its cover - 2010-04-04 14:18:08

Since I personally know this Mid I'll set you all straight. He does have to pay every dime back for his education and for the incidents. He will be starting his life off in well over $200,000.00 in debt, not to mention a felony and dishonorable discharge.He has NEVER done anything wrong or illegal before and is the type of person that would do anything to help anyone. He has a huge heart and everyone who knows him still thinks the same of his regardless of what has happened.He is a very good person despite what any of you think. He went to several people for help and received nothing that could help the situation. Have you ever had your Mommy call you and threaten her own life if you didn't send cash?? No? Then you have NO idea where he was coming from. We have all been humbled in our lives and this was his moment. The NAVY in this case is the one loosing out because the lost a good one. There's no doubt that he will be better for it and that this has taught him several valuable lessons.

Honor code or not... a "doobie" got a sprint ftball player kicked out that had no previous issues but not a V ftball payer... pretty honorable huh?

It is a sad story and you would think his future is ruined but it is not.

As far as making him sit in the brig until his required tour would have been over...are you serious? 5 years? He is a young man who made a mistake with no record of any kind. A little harsh. He wants to try to start his life over and have a family (and pay every dime back). He is no good to anybody just rotting away in there.

unhide Comment hidden due to low ranking. Why is this comment hidden?

Penelope Layne - , - Karma: Neutral

Yes Rick, it is... - 2010-03-06 18:18:10

Taking something that does not belong to you is defined as a Violation of the Honor Concept (i.e.: Stealing) - smoking a dooby is not.

Fred Davis - Annapolis, MD - Karma: Excellent

Easier way out - 2010-03-06 10:19:19

I guess these fine upstanding folks didn't really want to serve their required tours of duty once they graduated from the academy and found other ways albeit detrimental to their futures to not have to serve. Yes, make them pay back the money to the academy for their education and make them sit in the Brig till their required tours would have been over.

Dawn Martin - Edgewater, MD - Karma: Neutral

navy - 2010-03-06 01:19:25

Look at what keeps going on here, I think the navy has a BIG problem and they can't fix it.

jim pearson - seaford, de - Karma: Terrible

sad.......... - 2010-03-05 13:12:33

This is a mistake only a young person would make i think. So sad that a great future has been ruined. Very sad story.

chuck murray - edgewater, md - Karma: Neutral

May Have to repay - 2010-03-05 12:56:01

I would hope that the middie be required to pay. Since there the Navy usually takes a hard line with making every middie that leaves responsible for restitution. I also wonder, is thievery a violation of the Honor Code?

Rick M - Laurel, Md - Karma: Excellent

Academy senior sold stolen lab equipment on eBay

Plea agreement

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