ATTLEBORO - The city man dubbed the Christmas Grinch for stealing from his neighbor during the 2005 holiday is back in jail, allegedly for stealing from his employer in order to pay the $6,000 in restitution ordered last year in the Grinch case.

Richard A. Aubut, 34, was found in violation of probation after a hearing Monday in Attleboro District Court and was given consecutive sentences amounting to 3 years in jail.

After he gets out of jail, Aubut must serve four years' probation and pay back the $5,625 balance he owes for stealing Christmas presents from his neighbor's children during the 2005 holiday season. At the time Aubut lived in the same apartment building as the victims at 160 Pine St. in Attleboro.

Noting the defendant's long criminal record and a pending criminal case, Judge James Sullivan cautioned that Aubut might never be able to pay the victims the money he owes.

Aubut was on probation in the Grinch case when he was arrested for stealing from his employer, Plainville House of Pizza, in October 2006. The case is still pending, but Sullivan heard testimony from investigators in the case before sentencing Aubut for violating his probation. A new arrest is justification for the probation department to seek a violation hearing and a judge may impose the sentence in the original case if he finds police have probable cause in the new arrest.

Recounting the record before he sentenced Aubut, Sullivan had harsh remarks about the defendant's past criminal history and said he was not a good candidate for rehabilitation.

Sullivan said Aubut's record shows his first arrest was at the age of 15 and his first committed jail sentence was at 24. Aubut was arrested 17 times in 14 years, including nine larcenies and two cases of breaking and entering, the judge said.

Because of his lengthy criminal record and history of convictions, Aubut runs the risk of being indicted in superior court for being a common and notorious thief, which carries a 10-year sentence in state prison, Sullivan said.

Before making his decision, Sullivan heard testimony from Plainville Patrolman Al Morel and Detective James Floyd, who investigated the break-in at the Plainville House of Pizza on October 29, 2006.

The officers testified Aubut gave a videotaped confession to stealing $1,000 after working that night.

Aubut told police he unlocked the front door to the business while his co-workers were not watching and then returned after closing to steal the money, the officers testified.

Floyd testified Aubut led police to the basement of his apartment at 160 Pine St., where he hid $300 of the cash in the ceiling rafters and spent the rest of the money.

"He said he had debts," Floyd testified.

Floyd testified police suspected employees stole from the business because there was no sign of forced entry and zeroed in on Aubut because of his criminal record. Aubut's lawyer, Garrett F.X. Crowley of Attleboro, asked whether other employees were interrogated and raised questions about whether Aubut's videotaped confession was voluntary.

The videotape was not played during the hearing, although Assistant District Attorney Coli McMahon said police could retrieve it. Sullivan said there was plenty of evidence to issue his finding and playing the tape was not necessary.