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Clark pleads guilty to conversion in Cass County plea agreement
LOGANSPORT -- Michael D. Clark, on leave as Cloverdale police chief after his arrest last April on three felony theft counts while serving as Galveston town marshal, pleaded guilty to conversion Thursday.
In a plea deal with the Cass County Prosecutor's Office, Clark, 55, Cloverdale, pleaded guilty in Cass Superior Court to the lesser-included offense of criminal conversion, a Class A misdemeanor. Meanwhile, another felony count of theft will be sentenced as a Class A misdemeanor, according to the plea deal. A third felony count of theft was dismissed.
According to the Logansport Pharos-Tribune, Clark will serve two consecutive years of probation, one for each count, and he will also pay $3,930.13 in restitution costs to the town of Galveston.
Clark served as Galveston's town marshal from January 2011 to March 2013.
In June 2013, Clark was hired as Cloverdale's town marshal, just three months after he resigned from the Galveston Police Department. Clark has been on paid leave from the Cloverdale position.
Last April, an Indiana State Police (ISP) investigation began into alleged misappropriation of funds while Clark was the Galveston town marshal.
According to the probable cause affidavit filed by ISP, the three original felony counts all revolved around a bank account for Friends of the Galveston Police Department Inc., a non-profit organization created to help fund equipment and training for the Galveston PD.
The investigation discovered that Clark made several unauthorized personal purchases using funds from that nonprofit from March 12 to April 30, 2013.
Count 1 involved a matter while Clark was still Galveston marshal. Investigators said Clark was reimbursed twice for the same purchase.
Counts 2 and 3 concerned the period between March 12, 2013, when Clark resigned as Galveston marshal, and April 30, 2013.
During that time, $1,922.67 was allegedly spent from the organization's account via ATM cash withdrawal or debit card uses with purchases made at TJ Maxx, Big Lots, Walmart, Rural King, AT&T, Menard's, Waste Management, CVS and Speedway.
The probable cause affidavit also noted that Clark was the only person with a card for the account during the period.
Additionally, it was noted that between Jan. 31, 2011 and April 30, 2013, there were 25 ATM withdrawals made, totaling $1,846. However, only two receipts could be located for the withdrawals.
Speaking on his own behalf in court Thursday, Clark told Judge Thomas Perrone he had health issues at the time.
"I thought this was my only option," he said, "and I've regretted it ever since."
His attorney, Kelly Leeman, told the court Clark has been heartbroken since the arrest.
"He was very vulnerable and did what he thought he had to do for his family," Leeman said.
The charges filed against Clark have made it difficult for him to find future employment, Leeman added.
In response, Cass County Prosecutor Bryan Coulter told the court Clark's health issues shouldn't have been an excuse for the misappropriation, the Logansport Pharos-Tribune reported.
"The sworn duty of a law enforcement officer is not only to serve and protect but to uphold the laws of the country and state and, in this case, the town of Galveston," Coulter said. "He failed. An officer is always on duty. This crime is dishonesty, and it will follow Clark for a long time."
Clark's probation sentence is effective immediately.
At the time the Cass County situation was unfolding, Clark was an announced Republican candidate for District 3 Putnam County commissioner seat. However, he lost the May primary election to incumbent Don Walton by 388 votes.