City had a bank account draft agreement with customer on water. Water leak ran up a $500 bill. Bank sent ISF notice on the draft attempt. City thinks this is just like a check except without the paper part. I think they are out in the cold. Theft of service would not apply since the intent element does not come into play in my view.
Any other views on this?
John Hutchison
CA Hansford Co.

Suspect never presented anything. Under their theory if the leak ran up to 5K and he did not have it, he would be guilty of theft of 5K. I don't think a jury would be too impressed by the case, either.