Defendants in iPhone 4 Prototype Case Get Sentenced

The two men who were accused of selling the iPhone 4 prototype to Gizmodo were sentenced today to one year of probation, 40 hours of public service, and a requirement that each pay $250 in restitution to Apple.

Brian Hogan, who allegedly found the device in a bar and Sage Wallower, who helped sell the device to blogs were both charged with misdemeanor theft in early August. They were able to obtain the prototype from Gray Powell, the 28 year old Apple engineer who left the phone in a bar about 30 minutes from Apple HQ.

The DA wanted jail time for the two, but due to lack of criminal background, only community service and probation were given.


"We asked for some jail time," Wagstaffe, the district attorney, said today. "The judge considered that Wallower had served in the armed forces and Hogan was enrolled in San Jose State, and neither had any criminal record, and decided that jail time wasn't required. Someone from my office called Apple's general counsel. This is a fairly routine theft case. This was a couple of youthful people who should have known better."

Apple also lost another prototype at Cava22, which CNET reported in August. That case is currently under investigation after the phone was traced to a nearby home but never found.

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