Titanium worker sentenced

Kim Smith

Thursday, Jan. 27, 2000 | 10:46 a.m.

A Titanium Metals Corp. employee convicted last spring of torching two cars during a nine-month labor strike at the Henderson plant was sentenced to more than three years in prison Wednesday.

According to authorities, Steven Cupka, a 43-year-old welder, and at least two other Timet workers set fire to the cars of workers who crossed the picket line at the plant in late 1993 and early 1994.

On April 16 a federal jury found Cupka guilty of two counts of arson and one count of conspiracy. He was acquitted on three other arson counts.

In asking for a lenient sentence, defense attorney Mace Yampolsky argued that the arsons had not posed a serious risk of injury or death because both vehicles were unoccupied. The fires were planned "under the cover of night" specifically so the risks would be minimal. He also said that Cupka was only a "minor" participant in the conspiracy.

Assistant U.S. Attorney Blair Smith countered that the dangers were great. The victims and their neighbors tried to put out the blazes themselves despite the fact they had no training and there was a threat of gas tank explosions and other combustibles catching fire.

Blair said she agreed with the U.S. Department of Probation and Parole's recommendation that Cupka get 41 months in prison.

U.S. District Judge Johnnie Rawlinson agreed with Blair's assessment of the dangers and gave Cupka 41 months. She also ordered him to pay $2,373 in restitution and gave him two years supervised release. Because Cupka has no assets, Rawlinson waived a fine, which could have ranged from $10,000 to $100,000.

Co-defendants Richard Mix and Bahram Sarnessar pleaded guilty and testified against Cupka at his trial. Mix was sentenced to 51 months in prison, three years supervised release and ordered to pay $20,810 in restitution. Sarnessar was sentenced to 41 months, three years supervised release and ordered to pay the same amount.