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Two convicted of theft from Depew construction business

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Two men were convicted Wednesday of taking more than $26,000 worth of metal and construction materials from a Depew construction business.

Shawn W. Hilliker, 23, of Manor Lane, Hamburg, and David M. Critoph, 27, of Deacon Road, Orchard Park, pleaded guilty before Erie County Judge Kenneth F. Case in the theft, which occurred July 19 to 29 at Diamond D Construction, according to Erie County District Attorney Frank A. Sedita III. Each agreed to make restitution of $13,150 to Joseph DiPizio, owner of Diamond D, for their half of the theft.

Hilliker pleaded guilty to third-degree grand larceny, a felony that carries a maximum prison term of 2 1/3 to seven years, but Hilliker has been accepted in the judicial diversion program, and if he completes the program, he will be allowed to plead guilty to petit larceny, a misdemeanor that carries a sentence of up to one year in jail. He faces sentencing Dec. 11, 2015, to allow time for him to complete the judicial diversion program. He was released on his own recognizance.

Critoph, a second felony offender, pleaded guilty to attempted third-degree grand larceny and attempted second-degree forgery for attempting to file a false statement with Depew police on July 29. He faces 1½ to three years in prison when sentenced Feb. 3. He is being held without bail on a parole detainer.

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