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Plea agreement means no jail time for ex-North Putnam employee
A plea agreement has been reached in the case of a former North Putnam School Corporation employee who had been implicated in an alleged misappropriation of corporation funds, the Putnam County Prosecutor's Office reported.
While a jury trial had been scheduled for Wednesday, the plea agreement reached between Prosecutor Timothy Bookwalter and defense attorney Sidney Tongret has negated the need for a Putnam Circuit Court trial for Kara L. Smith, 47, Roachdale.
Smith had been indicted last June by a Putnam County Grand Jury on charges she misappropriated corporation funds.
She had been facing two Level 6 felony counts -- counterfeiting and identity deception -- for allegedly misusing the school's Sam's Club account while treasurer at North Putnam Middle School, a position she held from December 2001 through June 2012 when she took a job at the high school.
A Level 6 felony is punishable by six months to 2-1/2 years in jail.
Smith, however, will be doing no jail time according to the plea agreement that saw her admit guilt to the identity deception charge as a Class A misdemeanor. In return, the Prosecutor's Office agreed to dismiss the counterfeiting charge.
According to the plea agreement, Smith will be sentenced to one year at the Putnam County Jail, all time suspended.
"The state is making this offer," Prosecutor Bookwalter noted, "for the following reasons:"
-- Smith has already paid the entire restitution amount of $7,097.08.
-- The defendant has no prior criminal record.
-- Smith was cooperative during the grand jury process.
-- She did not use the identifying information for her own benefit and received no money herself from the crime.
Back in January, the case was seemingly moments from an executed plea agreement which had been signed by Smith, as well as court-appointed counsel Tongret and Prosecutor Bookwalter.
All that remained to make the agreement valid was acceptance by Judge Matthew Headley. However, at the outset of that hearing, Tongret asked the court to reject the plea agreement and set the case for trial.
The initial agreement also would have seen Smith plead guilty to identity deception and have the counterfeiting count dismissed. Under it, however, the Prosecutor's Office had agreed to make no sentencing recommendation.
In the new plea deal, it agreed to a one-year jail sentence, all suspended.
The Grand Jury indictment cited a State Police investigation noting irregularities between Jan. 1, 2008 and Jan. 9, 2013. It was alleged that during that time Smith signed checks purporting to be a different person or reported having the authority of someone who did not give her such power.
It also alleged Smith concealed financial statements and bills from other administrators and made payments from a personal account in an effort to hide the fact the account was delinquent.
The investigation unfolded after the school corporation treasurer received a December 2012 call from Sam's Club, advising that the North Putnam Middle School balance was overdue by more than $400 while the account carried an outstanding balance of $4,691.96.
Court records note Smith told school officials she never used the school's Sam's Club card to buy anything personally.
Meanwhile, a vendor history report showed someone had been paying Sam's Club by using middle school checks after the account had been closed.
Further investigation indicated approximately $5,655.94 in checks had been written between June 2010 and April 2012 "with no receipts or explanation."