Prior sentencing, Marner advised the crowd that the HOA itself was technically the victim in the case and so they would not be allowed to speak during the hearing. He said he read their letters in advance of the hearing, however, and was “somewhat surprised by the timbre and the anger expressed.” Many of the letters called for a prison sentence that the judge said would “essentially” be a death sentence.
For the rest of his life, Byram will have to look in the mirror knowing he is a “thief and a betrayer,” the judge said.
In April 2017, a neighbor spotted an HOA check in Byram’s home written to himself and told the HOA president, who went to the bank with a past HOA president, according to court documents.
While at the bank, the men ran into Byram and confronted him, according to court documents. Byram confessed to stealing from the HOA and turned himself in at the Green Valley substation of the Pima County Sheriff’s Department.
“I betrayed a lot of people. There are 115 homes in that association and it was easy for me to do, it was easy to steal the money and I have no defense for that,” Byram said.
As a result of his actions, Byram said all of his friendships have been “cut off, and I understand why and again I want to apologize.”
Following the hearing, several HOA member expressed disgust with the sentence and Marner’s decision not to let them speak. They also suggested that despite his claims, Byram has the means to immediately pay some of the restitution because of his business and the sale of his home.
Court documents indicate Byram has nine accounts in collections with a total past due amount of nearly $45,000.
“It was a gross miscarriage of justice,” said Susan Siwek, a Green Valley attorney who was representing her mother, HOA member Geraldine Siwek, who is 94.