toledoblade.com --

Seven men whose computers were seized based on accusations that they altered modems to increase high-speed Internet cable service were indicted yesterday by a Lucas County grand jury.

The theft of the service - called bandwidth - from Buckeye Express, an Internet provider operated by Buckeye CableSystem, ended June 26 when authorities served search warrants and seized computers and modems at residences in Toledo and surrounding suburbs.

Toledo lawyer George Runner was among those indicted by the grand jury. He and six others were charged with unauthorized use of computer, cable, or telecommunications property, a fifth-degree felony that is punishable by up to one year in prison.

Mr. Runner, 55, of 4561 Westbourne Ct., Sylvania, resigned as Waterville solicitor in March, 2001, after a covert police surveillance operation videotaped him stealing coffee, creamer, and paper from village supplies.

Also indicted were Thomas Brady, 22, of 7213 Cloister Rd., and Richard Tetreau, 30, of 3225 Plainview Drive, both in Sylvania Township; Kevin Veres, 19, of 1323 Eastland Drive, Oregon; Brandon Wirtz, 23, of 7015 Westwind Drive, Sylvania, and Ryan C. Dubbs, 27, of 2343 Georgetown Ave. and Carl J. Cousino, 33, of 5935 Buchanan Drive, both in Toledo.

Authorities also are seeking charges against two juveniles.

Members of the Toledo police computer crimes task force and FBI agents seized computers and modems after authorities received information that someone in the residences had reconfigured computer systems to access excessive amounts of bandwidth.

The investigation into the pirating of bandwidth began after the cable company noticed an increase in usage among various subscribers, and went to authorities for assistance.

Paul Shryock, vice president of information technology at Buckeye CableSystem, said law enforcement efforts to investigate such theft and seek the indictment are not the usual way other companies address such activity.

"There have been no indications that other high-speed Internet providers have taken such firm steps to prosecute for the theft of broadband theft," Mr. Shryock said.

In addition to criminal charges, John Weglian, chief of the special units division of the prosecutor's office, said the defendants could be forced to turn over the computer equipment taken in the search and could be ordered to pay restitution to Buckeye.

"Cyber crime is potentially very damaging to society. We are taking a firm position on that type of criminal activity. We hope these cases will have a deterrent value, given the cost factors for the defendants in successful prosecutions," Mr. Weglian said.

According to court documents, the computer equipment in Mr. Runner's home was modified to increase the Internet service as early as Jan. 1.

Jerome Phillips, a Toledo attorney who represents Mr. Runner, said he questions whether the accusations lodged against his client constitute a crime.

"They paid for the service. There is a question if the additional software counts as a crime," he said.

Mr. Runner, a former Lucas County assistant prosecutor, left Waterville amid the controversy over the pilfering incident, which was caught on videotape by a hidden camera.

He was not charged, but the village police chief, Lance Martin, resigned after he was sharply criticized for not getting authorization before setting up the camera surveillance.

Mike Yunker, a Sylvania police detective, said he planned to file delinquency charges today in Lucas County Juvenile Court against 15 and 16-year-old boys for the altering of modems in their Sylvania homes.

Permanent Link