MONROE - In an impassioned speech at a sentencing hearing Friday, a Monroe-area small business owner said he felt "victimized twice" - once by the former employee who embezzled nearly $30,000 from him and again by the Green County District Attorney tasked with prosecuting her.
The ex-employee, 36-year-old Jolene Elizabeth Wilkins of Monticello, pleaded no contest to a Class G felony charge of theft in a business setting. As part of a plea deal in the case, 18 other felony charges of theft and forgery were dismissed but "read in," meaning the judge could consider them in his sentencing.
The plea deal agreed upon by District Attorney Craig Nolen and defense attorney Robert Duxstad called for five years of probation and nine months in jail.
Myron Ellingson, owner of Rock Solid Concrete LLC in Sylvester, called this sentencing recommendation "appalling" and nowhere close to the consequences he had hoped for Wilkins. The charge she was convicted of, a Class G felony, can be punished by up to 10 years in prison.
"That office right there does not take it serious," he said, pointing at Nolen.
In nearly a half hour of testimony to the court, he explained how Wilkins had violated his trust and Nolen had "deceived" him by telling him there would be no plea deal in the case. (Nolen later told the court it had been a misunderstanding and said he was sorry Ellingson felt misled.)
"She doesn't even have to say she's guilty. She just has to say 'no contest,'" Ellingson said. "She's not sorry for what she's done. She's only sorry she got caught."
Over the course of 28 months in 2014, 2015 and 2016, Wilkins systematically and consistently stole money from Rock Solid Concrete by writing a total of 87 checks to herself from the business bank account, according to court records.
She covered her tracks by writing in Rock Solid's accounting system that the checks had been issued to suppliers like Menards. The total amount stolen came to $28,746.78. The average check amount was $330.
On average, she was embezzling about $1,000 every month from Rock Solid Concrete, a significant amount for a business with only five employees.
One of the hardest aspects of the case for Ellingson, he said, was the judgment he felt from others once word of Wilkins' theft got out: "How could you not know?" Even if no one said it to his face, he wondered if people thought he deserved it.
But he said small business owners don't have time to watch over their employees' shoulders.
"I trusted her with everything in that office, and she violated that trust," Ellingson said. Even after Ellingson's mother discovered evidence of the thefts, he said, it took an extensive investigation to figure out the full extent. He praised the Green County Sheriff's Department for putting in a "ton of hours on this case."
In his comments to the court, Nolen defended the plea deal as appropriate because Wilkins has no criminal record. She did plead no contest to a misdemeanor charge of credit card fraud in 2008, but because she successfully completed a three-year deferred prosecution in the case, the charge was dismissed.
Nolen said he understood Ellingson's frustration with the 18 dismissed felonies against Wilkins. However, Nolen said one of his considerations was cutting down on Wilkins' court costs in the interest of enabling her to pay restitution faster. State law mandates costs, like a DNA surcharge, with every felony conviction.
Statistics from an analysis of similar theft cases around the state show Ellingson's request for prison time "is well outside the norm for an offense of this nature," said Duxstad.
He also disputed Ellingson's impression that the plea deal was easily reached with Nolen.
"We went back and forth and back and forth on this," Duxstad said.
The financial pressures on Wilkins don't excuse her crime but they help explain it, he said. She has struggled with her husband to support their family. Wilkins has a son who's a sophomore in high school and triplets born in 2006, one of whom has special needs, as well as her husband's son from a previous relationship.
"The money taken was used for basic family needs," Duxstad wrote in his sentencing brief. "Jolene neither drinks nor uses drugs." She and her husband "did not go on fancy vacations. Their big family outing would be to attend the State Fair and participate in its 4-H programs."
By the accounts of three letters of support submitted to the court, Wilkins is a devoted mom with children who depend on her, "the kind of mom that we should all aspire to be."
"I know in my heart that if she did make a bad choice at work, I know that she did it only out of a feeling of desperation and a desire to protect her family. Of course, I know this isn't a legal excuse, but I hope you'll understand that Jolene has never lived extravagantly," Monroe attorney Katy Lounsbury wrote the court. "The worst thing that could happen to Jolene's wonderful, loving, smart, spunky, engaged, respectful, thoughtful, kind, gregarious kids would be to have their mother taken away for any period of time."
Moreover, Duxstad argued Friday, it would be unfair to punish Wilkins for her financial inability thus far to pay restitution to Rock Solid Concrete.
"Would it have made a difference if Jolene had a rich uncle?" he asked rhetorically. She is starting a new job at the end of the month, and eventually, "I think she will pay restitution."
When given the opportunity to address the court, Wilkins choked back tears and said, "I feel like I'm going to take this lesson and learn from it."
Before handing down his sentence, Judge Thomas Vale told the courtroom he was glad to see so many people in attendance, and said it was a good lesson in civics.
"I am the person here to be the checks and balances," he said.
Very few cases make it trial, he pointed out; instead, the court tries to work out "some reasonable resolution."
Vale followed the plea deal's recommendation of five years on probation, but added more jail time. As a condition of her probation, he ordered Wilkins to spend one year in jail - three months longer than recommended. She is eligible for Huber work-release privileges and may be able to serve her sentence at home on electronic monitoring.
Under the circumstances, prison time would be unduly harsh and "counterproductive" because it would keep her from working, Vale said.
He acknowledged the damage to her reputation.
"You might as well have a label placed on your forehead because you are marked and, frankly, that's part of the punishment," Vale said.
Wilkins is ordered to begin her jail sentence Jan. 29, after Duxstad successfully argued she needs the extra time to prepare. Nolen countered that she should start her sentence immediately, but Vale sided with Duxstad.
A restitution hearing is set for Feb. 12.
After the sentencing, Ellingson said he was glad Vale "went in the right direction" by giving Wilkins more jail time. He still didn't think the sentence fit the crime.
He said his expectations for ever seeing restitution are low. When he first confronted Wilkins about the stolen money, he said he "wanted to believe in her." Now he doesn't.
The financial impact on his business goes beyond the tens of thousands of dollars in stolen money, Ellingson said. He said he has to file amended taxes for 2014, 2015 and 2016 as a result of the thefts and expects to pay his accountant about $2,000 to do it.
Plus, he said he'll have to pay more taxes for those years on the money Wilkins embezzled.
The ex-employee, 36-year-old Jolene Elizabeth Wilkins of Monticello, pleaded no contest to a Class G felony charge of theft in a business setting. As part of a plea deal in the case, 18 other felony charges of theft and forgery were dismissed but "read in," meaning the judge could consider them in his sentencing.
The plea deal agreed upon by District Attorney Craig Nolen and defense attorney Robert Duxstad called for five years of probation and nine months in jail.
Myron Ellingson, owner of Rock Solid Concrete LLC in Sylvester, called this sentencing recommendation "appalling" and nowhere close to the consequences he had hoped for Wilkins. The charge she was convicted of, a Class G felony, can be punished by up to 10 years in prison.
"That office right there does not take it serious," he said, pointing at Nolen.
In nearly a half hour of testimony to the court, he explained how Wilkins had violated his trust and Nolen had "deceived" him by telling him there would be no plea deal in the case. (Nolen later told the court it had been a misunderstanding and said he was sorry Ellingson felt misled.)
"She doesn't even have to say she's guilty. She just has to say 'no contest,'" Ellingson said. "She's not sorry for what she's done. She's only sorry she got caught."
Over the course of 28 months in 2014, 2015 and 2016, Wilkins systematically and consistently stole money from Rock Solid Concrete by writing a total of 87 checks to herself from the business bank account, according to court records.
She covered her tracks by writing in Rock Solid's accounting system that the checks had been issued to suppliers like Menards. The total amount stolen came to $28,746.78. The average check amount was $330.
On average, she was embezzling about $1,000 every month from Rock Solid Concrete, a significant amount for a business with only five employees.
One of the hardest aspects of the case for Ellingson, he said, was the judgment he felt from others once word of Wilkins' theft got out: "How could you not know?" Even if no one said it to his face, he wondered if people thought he deserved it.
But he said small business owners don't have time to watch over their employees' shoulders.
"I trusted her with everything in that office, and she violated that trust," Ellingson said. Even after Ellingson's mother discovered evidence of the thefts, he said, it took an extensive investigation to figure out the full extent. He praised the Green County Sheriff's Department for putting in a "ton of hours on this case."
In his comments to the court, Nolen defended the plea deal as appropriate because Wilkins has no criminal record. She did plead no contest to a misdemeanor charge of credit card fraud in 2008, but because she successfully completed a three-year deferred prosecution in the case, the charge was dismissed.
Nolen said he understood Ellingson's frustration with the 18 dismissed felonies against Wilkins. However, Nolen said one of his considerations was cutting down on Wilkins' court costs in the interest of enabling her to pay restitution faster. State law mandates costs, like a DNA surcharge, with every felony conviction.
Statistics from an analysis of similar theft cases around the state show Ellingson's request for prison time "is well outside the norm for an offense of this nature," said Duxstad.
He also disputed Ellingson's impression that the plea deal was easily reached with Nolen.
"We went back and forth and back and forth on this," Duxstad said.
The financial pressures on Wilkins don't excuse her crime but they help explain it, he said. She has struggled with her husband to support their family. Wilkins has a son who's a sophomore in high school and triplets born in 2006, one of whom has special needs, as well as her husband's son from a previous relationship.
"The money taken was used for basic family needs," Duxstad wrote in his sentencing brief. "Jolene neither drinks nor uses drugs." She and her husband "did not go on fancy vacations. Their big family outing would be to attend the State Fair and participate in its 4-H programs."
By the accounts of three letters of support submitted to the court, Wilkins is a devoted mom with children who depend on her, "the kind of mom that we should all aspire to be."
"I know in my heart that if she did make a bad choice at work, I know that she did it only out of a feeling of desperation and a desire to protect her family. Of course, I know this isn't a legal excuse, but I hope you'll understand that Jolene has never lived extravagantly," Monroe attorney Katy Lounsbury wrote the court. "The worst thing that could happen to Jolene's wonderful, loving, smart, spunky, engaged, respectful, thoughtful, kind, gregarious kids would be to have their mother taken away for any period of time."
Moreover, Duxstad argued Friday, it would be unfair to punish Wilkins for her financial inability thus far to pay restitution to Rock Solid Concrete.
"Would it have made a difference if Jolene had a rich uncle?" he asked rhetorically. She is starting a new job at the end of the month, and eventually, "I think she will pay restitution."
When given the opportunity to address the court, Wilkins choked back tears and said, "I feel like I'm going to take this lesson and learn from it."
Before handing down his sentence, Judge Thomas Vale told the courtroom he was glad to see so many people in attendance, and said it was a good lesson in civics.
"I am the person here to be the checks and balances," he said.
Very few cases make it trial, he pointed out; instead, the court tries to work out "some reasonable resolution."
Vale followed the plea deal's recommendation of five years on probation, but added more jail time. As a condition of her probation, he ordered Wilkins to spend one year in jail - three months longer than recommended. She is eligible for Huber work-release privileges and may be able to serve her sentence at home on electronic monitoring.
Under the circumstances, prison time would be unduly harsh and "counterproductive" because it would keep her from working, Vale said.
He acknowledged the damage to her reputation.
"You might as well have a label placed on your forehead because you are marked and, frankly, that's part of the punishment," Vale said.
Wilkins is ordered to begin her jail sentence Jan. 29, after Duxstad successfully argued she needs the extra time to prepare. Nolen countered that she should start her sentence immediately, but Vale sided with Duxstad.
A restitution hearing is set for Feb. 12.
After the sentencing, Ellingson said he was glad Vale "went in the right direction" by giving Wilkins more jail time. He still didn't think the sentence fit the crime.
He said his expectations for ever seeing restitution are low. When he first confronted Wilkins about the stolen money, he said he "wanted to believe in her." Now he doesn't.
The financial impact on his business goes beyond the tens of thousands of dollars in stolen money, Ellingson said. He said he has to file amended taxes for 2014, 2015 and 2016 as a result of the thefts and expects to pay his accountant about $2,000 to do it.
Plus, he said he'll have to pay more taxes for those years on the money Wilkins embezzled.