Ronan Mayor frustrated with clerk's sentencing

By Nate Traylor

Leader Staff

Ronan Mayor Kim Aipperspach expressed frustration in district court last Thursday over a plea agreement that gave a former Ronan City clerk 90 days in jail for embezzling about $60,000 from the city.

The case involving Danyel McCrea, 32, dates back to October of 2005 when her employment with the city was terminated after records revealed that she had siphoned about $60,000 from bill-paying water and sewer customers.

Investigations of the city’s computerized record system showed that at odd hours, weekends and before and after regular workday hours, McCrea entered the system and made unusually large numbers of adjustments to cash paying customer accounts, in an apparent attempt to cover up the thefts, court documents state. The computer shows such activity beginning in 2002 and continuing through her employment with the city.

The plea agreement called for a six-year deferred imposition of sentence and 180 days jail time, 90 of which will be served on home arrest.

The mayor expressed his dissatisfaction with the plea agreement at a city council meeting late last month. Aipperspach and city board members agreed to write the probation department a letter requesting that McCrea stay on probation until the $60,000 is fully paid, even if it extends beyond her six-year suspended sentence.

County attorney Mitch Young acknowledged receiving the letter and brought Aipperspach to the stand to state on the record his frustration regarding the plea agreement. The mayor cited two previous occurrences where the city was unlawfully deprived of money, and in both cases the convicted criminals failed to make good on their restitution.

He said he fears McCrea’s case poses a similar scenario.

Defense attorney Ben Anciaux objected to the mayor’s testimony, saying that the plea was already agreed upon and that the mayor’s argument cannot serve to heighten the punishment.

Young said the state had no intention to withdraw from the plea agreement.

As it was, Aipperspach’s discontent with the plea was largely perfunctory. Speaking on behalf of the taxpayers, he said it was his hope that the court adhere to the fullness of the sentence.

“If this is indeed the sentence to be imposed, I hope you stick dearly to it,” he said.

District Judge Kim Christopher informed the mayor that in cases similar to McCrea’s, a defendant is usually given a deferred three-year sentence, but considering the large restitution, McCrea was given six years. Also, if McCrea were to violate any of the outlined conditions of her parole, she could be resentenced.

Anciaux pleaded with the court to impose no jail time, saying that it would be counterproductive to his client’s efforts to pay restitution.

McCrea has a potential job opportunity in the works and she operates a home-based business selling items on eBay, Anciaux said.

He mentioned his client’s mental condition. He said she was so wracked with guilt that she attempted suicide on one occasion.

McCrea has no prior criminal history, not even a traffic ticket, Anciaux noted.

Christopher admitted to being friends with McCrea’s sister and that McCrea had helped locate the judge’s nephew when he got lost at a county fair, but that this had no barring on her judgment. She provided opportunity for anyone with any qualms about her relationship with McCrea’s family to speak and the legal process would begin again. No one had any objections.

Prior to the judge’s ruling, McCrea provided a tearful apology saying that a day doesn’t go by without her reflecting on her misconduct. She apologized to the mayor and the Ronan community and said that she is looking forward to making amends.

“I just want to put the past behind me and move on,” she said.

“You wont put it behind you if you just walk out of here,” said Judge Christopher, adding that jail time will provide her an opportunity for rehabilitation. “It’s something you can look back on and say ‘Hey, I did this. Now I can move on.’”

With that, the judge imposed 90 days to be served in Lake County Jail, and 90 days to be served on home arrest.

In an interview after the court proceedings, the mayor said that he felt slighted that a plea agreement was put in place without having first been contacted in the matter. He said he is not confident the restitution will be paid within six years.

The plea agreement also calls for McCrea to sign a waiver allowing any employee to garnish up to 25 percent of her wages in order to pay restitution. Plus, all tax refunds will be intercepted.

Still, the mayor has his doubts.

“That’d be tough for anyone around here with a full-time job to pay,” he said.

Aipperspach said the City of Ronan will feel the impact.

“Cities this size are in tough shape money wise. We barely get by. $60,000 is a couple blocks street repair,” he noted

If McCrea pays the restitution before her six-year defered sentence is up, the court will dismiss the matter.