Two Tennessee men headed to prison for taking Civil War-era arti - WRCBtv.com | Chattanooga News, Weather & Sports

Two Tennessee men headed to prison for taking Civil War-era artifacts

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CHATTANOOGA, TN (WRCB) -

Two Tennessee men have been charged with illegally excavating and taking civil war-era artifacts from the bottom of Fort McCook.

The area, also know as Battle Creek, is located on property owned by the Tennessee Valley Authority.

Kenneth Stephen Fagin, Jr., 39, of South Pittsburgh, and Terry Bruce Tate, 61, of Manchester, were sentenced to serve 30 months in federal prison. 

Fagin was ordered to pay $22,463.59 in restitution to the TVA and the National Park Service to cover the cost of restoration and repair to the sites. 

Tate was ordered to pay $21,619.59 in restitution to the TVA.  

When they are released from prison, Fagin and Tate will each serve a one-year term of supervised release, according to a news release from the U.S. Attorney’s office.   

The men pleaded guilty in February 2015 to multiple counts of violating the Archaeological Resources Protection Act, including violations in Tennessee and Alabama.

Fagin, Tate and others recovered Civil War Hotchkiss shells, which are pieces of artillery used during the Civil War.  

The two men did not have permits as required under the ARPA nor did they have authority from TVA or any other entity to excavate artifacts from Battle Creek.

In August 2009, Fagin and Tate also excavated Civil War era U-rails from public lands in Bridgeport, Alabama.  

In March 2010, Fagin and Tate transported and delivered a counterfeit “Sherman Bow-Tie” that was made from Civil War era U-rails that Fagin and Tate excavated from public lands in Bridgeport, Alabama, again without permission or authorization.
 
In August 2010, Fagin also excavated Civil War era artifacts from Shiloh National Military Park, including a .57 cal. three-ring rifle bullet; five fired three-ring rifle bullets and Schenkl artillery shell fragments.  

Fagin had no permit or authorization from the National Park Service to excavate artifacts from Shiloh National Military Park.   

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