Lost iPhone 4 Prototype Finders Sentenced to Probation - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

Lost iPhone 4 Prototype Finders Sentenced to Probation

by

gizmodo chen iphone 4 prototype
Late yesterday, CNET reported that Brian Hogan and Sage Wallower, the two men involved in finding a lost iPhone 4 prototype in a Redwood City, California bar last year and selling it to Gizmodo, have pleaded no contest to the theft charges that had been brought against them. The two men were each sentenced to one year of probation and 40 hours of community service, and were required to pay $250 in restitution to Apple.

"We asked for some jail time," [Steve] 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."

In a follow-up report relating an interview with Wagstaffe, CNET shares that Gizmodo was ultimately cleared of any charges related to the case because of a lack of evidence. Wagstaffe did, however, have some harsh words for the behavior of Gizmodo's staff.

Wagstaffe said, however, that his office's review of the computers seized from [Gizmodo editor Jason] Chen's home showed the correspondence between Gizmodo editors was "juvenile."

"It was obvious that they were angry with the company about not being invited to some press conference or some big Apple event. We expected to see a certain amount of professionalism--this is like 15-year-old children talking," Wagstaffe said. "There was so much animosity, and they were very critical of Apple. They talked about having Apple right where they wanted them and they were really going to show them."

The district attorney's office had specifically looked for evidence of Gizmodo's participation in theft leading to possession of stolen property, as well as potential extortion, but did not find sufficient evidence to support either charge.

Top Rated Comments

Žalgiris Avatar
195 months ago
Sentence was too harsh. Just the cost to defend was more than adequate punishment.

Asking for jail time was simply over the top.

Our legal system at its finest. More tax dollars now being spent to support probation.

Stupid.
Let it slide, right? or better just let them pay whatever it would have cost to defend and let them continue doing stuff like this?

Now they have a record and if they attempt anything like this in that year they will be someones sweethearts. I think all is fair here.
Score: 2 Votes (Like | Disagree)
195 months ago
This is ridiculous. Jail time? Do we know the FACTS of all this? Has it been PROVEN in court that these men acquired the prototype through illegal means? For heavens sake, Apple "lost" a 2nd prototype at a bar...so I think the quick answer that they (or someone they dealt with) "stole" the prototype is horribly indefensible. I cant believe the DA would suggest jail time for this, in light of the truly horrible offenses that people commit daily without equal punishment.

A SWAT raid on the man's house, and now this? I would sue the hell out of Apple and the police force for this disgusting amount of harassment. These men now have criminal records.
Junk thought like this is a plague in our society.

As many have said in this thread, what they did was criminal, and no matter how large or small, you will get punished if caught and found guilty.

A few months ago I got fined and ticketed for speeding. I was going 70mph in a 55mph zone.

Is this a dangerous speed? No, conditions were ideal.

Was I breaking Pennsylvania's road laws? Yes.

Did I know that I could potentially be fined and possibly have points applied to my license for doing this? Of course.

Did I bitch about it? Of course.

Did I try to peg the blame on someone else or blame our supposedly backwards and corrupt criminal justice system and did my friends suggest I "sue the hell out of" the HPD for the trauma of flashing lights in my eyes? Of course not, because I use the gray lump of matter in my head known as my brain.
Score: 2 Votes (Like | Disagree)
195 months ago
Gizmodo kinda reads like a bunch of 15 year olds, so I'm not really that surprised. I mean, I still go there every day, but I'm started to ask myself 'why?'
Score: 2 Votes (Like | Disagree)
195 months ago
Outrageous sentence

A sentence of a years probation for this is outrageous. That means if they get picked up for anything in the next year they could go to jail. There is no justice in this. Apple contractors pay wages so low to Chinese workers that some killed themselves in dispair, who is in jail from that? Chinese workers poisoned by chemicals in iPhone plant, who is jailed for that? Where are the indictments for Jobs and the board of Apple for allowing human rights violations in their plants. The disparity of treatment reflects the power of greedy corporations to absolute impunity, while the rest of us are treated like rats. It would be one thing to require community service, but probation is beyond the pale.
Score: 1 Votes (Like | Disagree)
NeverhadaPC Avatar
195 months ago
Corporations > people.

The Money Crimes of 2008 are still unpunished, but two guys who find a device in a bar and sell it on are charged with a crime and Apple wants to put them in jail.

Who is the legal system protecting...
Score: 1 Votes (Like | Disagree)
195 months ago
Wagstaffe did, however, have some harsh words for the behavior of Gizmodo's staff.


Wagstaffe said, however, that his office's review of the computers seized from [Gizmodo editor Jason] Chen's home showed the correspondence between Gizmodo editors was "juvenile."

"It was obvious that they were angry with the company about not being invited to some press conference or some big Apple event. We expected to see a certain amount of professionalism--this is like 15-year-old children talking," Wagstaffe said. "There was so much animosity, and they were very critical of Apple. They talked about having Apple right where they wanted them and they were really going to show them."
The district attorney's office had specifically looked for evidence of Gizmodo's participation in theft leading to possession of stolen property, as well as potential extortion, but did not find sufficient evidence to support either charge.

While I do not have much sympathy for Gizmondo, I am pretty shocked by the behaviour of Wagstaffe.
His job was to review evidence on the suspects computers, which he did not find. Maybe there are no privacy rules this distict attorney has to comply with but to me it is common sense that his only statement should have been "We did not find sufficient evidence to support any charges."
Anthing else he stated was personal judgment which does not seem to be appropriate for someone paid to be a neutral part of the legal system!
Score: 1 Votes (Like | Disagree)

Popular Stories

Home Hub Command Center with Dome Base Feature

Apple Smart Home Hub to Feature iMac G4-Style Design

Wednesday September 30, 2026 4:36 am PDT by
Apple's long-rumored smart home hub will have an iMac G4-style design and a host of unique features, Bloomberg's Mark Gurman reports. The smart home hub is said to feature a square 6-inch display, with variants that can be placed on a countertop or mounted on a wall. It features a single FaceTime camera on the front, with microphones and speakers in its connected base. Gurman described the...
HomePod minis on gradient feature 1 1

Three New Apple Smart Home Products Coming on October 13

Wednesday September 30, 2026 4:04 am PDT by
Apple plans to introduce a series of new smart home products on Tuesday, October 13, according to Bloomberg's Mark Gurman. Apple reportedly plans to debut its long-awaited smart home hub device, a new HomePod mini, and a new Apple TV on the date. The new HomePod mini and Apple TV are set to retain their existing designs, but tout faster chips to support Siri AI. The new HomePod mini will...
Apple TV Sans Remote Feature

New Apple TV 4K Leaked

Friday September 25, 2026 8:16 am PDT by
MacRumors contributor Aaron Perris has uncovered an image file from Apple for an unreleased Apple TV 4K, suggesting that a new model will finally be released soon. The image is specifically for an "Apple TV 4K (4th generation)" model. Apple TV 4K (4th generation) image (on a gradient) The image reveals that the Apple TV will have the same external design as the current model, with all of its...
Latest Stories
MacBook Pro With OLED Touch Screen Rumored to Launch in October or November
MacBook Pro With OLED Touch Screen Rumored to Launch in October or November
10 minutes ago
Apple's All-New Home Hub Rumored to Launch in These Four Colors
Apple's All-New Home Hub Rumored to Launch in These Four Colors
46 minutes ago
iPhone 18 Pro Aperture Control Goes Fully Manual in Halide 3.2
iPhone 18 Pro Aperture Control Goes Fully Manual in Halide 3.2
2 hours ago
Apple Stores Receive 'Do Not Open' Boxes Ahead of Smart Home Products Launch
Apple Stores Receive 'Do Not Open' Boxes Ahead of Smart Home Products Launch
3 hours ago
iPhone 18 Pro Sales Jump in China Ahead of iPhone Duo Launch
iPhone 18 Pro Sales Jump in China Ahead of iPhone Duo Launch
3 hours ago
Apple TV Still Down for Some Users Following Apple Services Outage
Apple TV Still Down for Some Users Following Apple Services Outage
4 hours ago
PSA: Apple Mail on Mac May Stop Syncing Microsoft 365 Accounts Today
PSA: Apple Mail on Mac May Stop Syncing Microsoft 365 Accounts Today
4 hours ago
Apple's Smart Home Hub: Everything We Know So Far
Apple's Smart Home Hub: Everything We Know So Far
15 hours ago
Apple's Home Hub Borrows From the iPhone Duo's StandBy Mode
Apple's Home Hub Borrows From the iPhone Duo's StandBy Mode
16 hours ago
Apple Invites App Updated With Three New Features
Apple Invites App Updated With Three New Features
20 hours ago
Apple Event on October 13?
Apple Event on October 13?
21 hours ago
Apple Watch SE 3 vs. Series 12 Buyer's Guide: Which Should You Buy?
Apple Watch SE 3 vs. Series 12 Buyer's Guide: Which Should You Buy?
22 hours ago
iPad Mini 8 to Offer These 10 New Features
iPad Mini 8 to Offer These 10 New Features
23 hours ago
DoorDash Unveils AI Food Ordering Through Apple's Messages App
DoorDash Unveils AI Food Ordering Through Apple's Messages App
1 day ago
Amazon Takes Up to $150 Off Select M5 MacBook Air Models
Amazon Takes Up to $150 Off Select M5 MacBook Air Models
1 day ago
Apple Still Plans to Release a New Full-Sized HomePod
Apple Still Plans to Release a New Full-Sized HomePod
1 day ago
Apple Working to Expand HomeKit
Apple Working to Expand HomeKit
1 day ago
Apple Smart Home Hub to Feature iMac G4-Style Design
Apple Smart Home Hub to Feature iMac G4-Style Design
1 day ago
Three New Apple Smart Home Products Coming on October 13
Three New Apple Smart Home Products Coming on October 13
1 day ago
Apple Pay Now Available in India With Axis Bank Cards
Apple Pay Now Available in India With Axis Bank Cards
2 days ago
OpenAI Launches Always-On 'Dots' Agents to Rival Meta's Muse
OpenAI Launches Always-On 'Dots' Agents to Rival Meta's Muse
2 days ago
AirPods 5 Teardown: Batteries Removable, Case Still Tough
AirPods 5 Teardown: Batteries Removable, Case Still Tough
2 days ago
iPhone 18 Pro Owners Complain of Speaker Crackling or Popping
iPhone 18 Pro Owners Complain of Speaker Crackling or Popping
2 days ago
You Can 'Get Ready' for iPhone Duo Pre-Orders on October 12
You Can 'Get Ready' for iPhone Duo Pre-Orders on October 12
2 days ago
Apple Pay Reportedly Launching in India Today
Apple Pay Reportedly Launching in India Today
2 days ago
Apple Releases New AirPods Beta Firmware
Apple Releases New AirPods Beta Firmware
2 days ago
Apple Shares New Guide for Using iOS 27 Parental Controls
Apple Shares New Guide for Using iOS 27 Parental Controls
2 days ago
Apple Creator Studio and Final Cut Camera Get New Features
Apple Creator Studio and Final Cut Camera Get New Features
2 days ago
Apple Explains Why It Removed ICE Tracking Apps Last Year
Apple Explains Why It Removed ICE Tracking Apps Last Year
2 days ago
Amazon Expands $779.99 Apple Watch Ultra 4 Deal to More Models
Amazon Expands $779.99 Apple Watch Ultra 4 Deal to More Models
2 days ago

🔗 Related Apple News & Rumors

Stay updated with the latest Apple ecosystem news and verified rumors