By By NORMA LERNER / Niles Daily Star
CASSOPOLIS – The former president of the Dowagiac Volunteer Fire Department Board will spend 30 days in jail and the next three years on probation for embezzling funds from the fire department.
Friday morning in Cass County Circuit Court, Kathy McFadden, 53, of 56707 County Road 681, Hartford, was ordered to pay back $19,785 that she embezzled last year while she was president of the board.
She did this by using a debit card to make numerous withdrawals of cash from Fifth-Third Bank. Judge Michael Dodge told her this was premeditated each time she did this and she knew the fire department was in financial difficulties.
McFadden has been married 32 years, has an associate's degree, a paramedic license and has been working toward becoming an emergency medical assistant, Dodge added. He said she was working part time and caring for her husband who had medical problems.
Dodge said, however, that McFadden has a clean prior record but put herself in an embarrassing situation. "You need some measure of punishment to deter others from doing the same thing," he said before imposing her sentence, added he was sympathetic about her husband.
Dowagiac Fire Chief Harold Munson addressed the court saying during the past year and a half the fire department has gone through an enormous amount of change. It ceased operation in March, 2007. He said with collections of billed services returning only 55 percent of the billed amount and with increasing cost of doing business, it was obvious that it was not going to be able to stay in business.
It was during that time frame in 2007 that McFadden was elected president of the board, he said. "She was given the trust to execute her duties with due diligence. Unfortunately, this was not the case," Munson said.
Munson said a new board in 2008 uncovered the missing funds from the bank statements.
Prosecutor Victor Fitz said her crime was violating public trust. She took an opportunity to better herself financially. He said she took funds about 50 times.
Defense lawyer Andrew Burch said McFadden was sorry and made mistakes.
McFadden told the court she was sorry and couldn't explain how it happened. She said she had a lot of stress with her husband's illnesses and prescriptions. She said she needs to work full time to pay back the debt.
For her three convictions of stealing, possessing and illegal use of a financial transaction device, she is to pay $1,590 in costs plus the restitution which will be determined at an evidentiary hearing.
In other sentencings:
Donald Gilmer, 28, 1666 Dodd St., Niles, got 18 months to 15 years for breaking and entering an unoccupied building on Dec. 2 on Dodd Road, Niles. He and a companion, Tim Gibbs, were drinking and driving around when Gilmer decided to break in and steal a wood splitter. Gilmer was on probation from Berrien County when he committed the offense. He got 18 months to six years for larceny in a building. He is to pay $630 in costs.
Kalamazoo man who got into a bar fight at the Wounded Minnow Saloon on South Front Street, Dowagiac, went to prison for 1 to 4 years for habitual-third offense attempted felonious assault on Nov. 24.
David Mitchell, 25, became irritated in the bar and threw a beer bottle at Elvis Irving, a patron. Irving required stitches. Dodge said Mitchell has a growing history of crime and has previously been on probation.
Defense lawyer Dale Blunier said Mitchell has had serious problems, but prison would be inappropriate. His costs amounted to $1,650.
Barry Brann, 48, 707 North Sixth St., Niles, got three years probation for delivering and manufacturing cocaine less than 50 grams on May 27 on Lilac Road, Niles. He is to pay $2,010 costs.
Brooke Collins, 26, of Lowe Street, Dowagiac, went to prison for 5 to 20 years for two counts of delivering and manufacturing cocaine less than 50 grams and a concurrent 5 to 20 years for conspiracy to deliver and manufacture cocaine less than 50 grams on Oct. 12 and again on Oct. 19 on Lowe Street, Dowagiac. Both times she sold $60 worth of cocaine to a confidential police informant. She received credit for time served of 116 days for each of two counts of possessing cocaine less than 25 grams and maintaining a drug house. Her costs totaled $1,160.
Lonnie Williams, 40, 61765 M-62, Cassopolis, got 180 days jail each for habitual-second offense for two counts of attempted resisting and obstructing police on Oct. 26. Williams was on bond for possession of cocaine less than 25 grams when the offense took place while he was intoxicated in his vehicle in a farm field. His costs were $180.
Alfredo Balli, 38, of 302-1/2 Main St., Dowagiac, got two years probation and 150 days jail for delivery and manufacturing cocaine less than 50 grams and a concurrent 90 days jail for attempted maintaining a drug house on March 3. He is to pay $960 costs.