PORTLAND, Maine — A Superior Court judge issued a warrant Monday for the arrest of a former Windham man accused of financially exploiting an elderly neighbor after he did not show up for his jury trial at the Cumberland County Courthouse.
It was the second time Theodore W. Thomes, 57, who now lives in the U.S. Virgin Islands, has not appeared in court for trial, according to Assistant Attorney General Leanne Robbin, who is prosecuting the case.
Justice Thomas Warren also increased Thomes’ bail from $10,000 to $40,000 cash, the prosecutor said Tuesday.
Thomes claims to be awaiting hip-replacement surgery, which has been delayed because of a shortage of medical parts in St. Croix, Robbin said. Because he’s living in a U.S. territory and is on federal supervised release, Thomes could be arrested and returned to Maine within a few weeks, the prosecutor said. The judge is not expected to set a new trial date until Thomes is in custody, according to Robbin.
Thomes was indicted in April 2015 by the Cumberland County grand jury on two counts of theft by deception and one count of theft by unauthorized taking, all Class B crimes.
He allegedly stole “well over $300,000” in cash, checks and personal items, including guns, from the victim, now 70, between March 2011 and February 2012, Robbin said.
Thomes knew the victim because they lived in same Windham neighborhood, according to documents filed at the Cumberland County Courthouse. The victim, who is not being named by the BDN, was left a significant estate after his father’s death in 2001. Thomes allegedly began charging the victim $100 per day for services, such as driving him to events and appointments and spending time with him.
In May 2011, Thomes allegedly borrowed $55,000 from the victim for boat repairs, the indictment said. Thomes promised to pay $200 per month to the victim until he sold the boat and the remaining amount when the boat was sold. Thomes never made any payments to the victim, Robbin said.
The following February, Thomes allegedly extorted $250,000 from the victim by threatening to sue him, the indictment said. The firm that managed the victim’s retirement account called police after the victim transferred $250,000 to his checking account out of concern that he was acting under duress, Robbin said.
In 2011, Thomes allegedly took an outboard motor, porcelain, glassware, a coin collection and an antique gun collection, all of which was valued at more than $10,000, from the victim’s home while the man was recovering from surgery. Most of the items, except the guns were returned, according to Robbin. The gun theft case was referred to federal prosecutors.
Thomes and his wife, Renee Thomes, 53, who lives with her husband in St. Croix, were indicted Dec. 12, 2013, on gun charges by a federal grand jury in Portland after Thomes took more than 20 firearms, according to information on the federal court’s electronic filing system. They were arrested about a week later in St. Croix. She was released on bail. He was held without bail.
In February 2015, Thomes was sentenced to 27 months in federal prison after pleading guilty to being a felon in possession of a firearm. He was released from federal prison the following April because the time he was held without bail was applied to his sentence.
Information about the felony crime that prevented Thomes from possessing firearms is not included in court documents.
Renee Thomes was sentenced to 30 days in jail after pleading guilty to one count of the transfer, sale and delivery of guns to an out of state resident.
By pleading guilty, Thomes admitted he possessed the guns he took from the man who is the alleged victim in the state case and his wife admitted she took them to a New Hampshire auctioneer.
The firearms were sold for $11,000 but have since been recovered, according to Robbin.
If convicted on the theft counts in state court, Thomes faces up to 10 years in prison and a fine of up to $20,000. He also could be ordered to pay restitution.