A Toms River 54-year-old accused of taking nearly $8,000 from two Superstorm Sandy victims in Monmouth for portable generators - and never delivering them - heads for trial in Freehold.

Brian Nogiewich was indicted Monday on third-degree counts of theft by deception as well as fourth-degree failure to register with New Jersey's Division of Consumer Affairs, according to information from the acting Monmouth Prosecutor Chris Grammiccioni's office.

Third degree charges carry possible prison terms of five years on conviction. Fourth-degree charges can bring up to 18 months in prison.

Prosecutors said that Nogiewich took deposits of almost $3,000 from one victim and more than $4,700 from another, for natural gas-powered generators in the days following the massive storm that crippled electricity delivery for weeks on end as temperatures started to drop. Authorities contend that neither was offered the products or refunds.

Investigators said that Nogiewich's application for contractor registration with DCA contained false information.