Former SMCAS director to stand trial

Published 2:53 pm Friday, June 17, 2016

A Berrien County judge ruled enough evidence exists for Tim Gray to stand trial for allegedly embezzling money while working as the executive director of the Southwestern Michigan Community Ambulance Service.

Judge Angela Pasula made the ruling Friday at the conclusion of a preliminary examination — a court proceeding where the prosecution attempts to prove probable cause exists for the defendant to be bound over for trial.

Gray, who worked as director from 2009 to 2014, is facing one count of embezzlement between $50,000 and $100,000.

The charge is based largely on the findings of a fraud investigation performed in January 2015 by David Marshall after current SMCAS Executive Director Brian Scribner, who took over for Gray after Gray retired in May of 2014, said he found anomalies in the ambulance service’s finances.

The fraud investigator, who testified during the preliminary examination, said his investigation revealed that Gray improperly obtained approximately $103,000 over the course of several years.

Gray’s attorney argued that there were many problems with the fraud investigator’s audit, including that it was based on numerous assumptions about the number of hours Gray was required to work and other matters related to Gray’s contract.

He argued that Gray was entitled to the bulk of the money the prosecution claims Gray embezzled.

Pasula said the prosecution and defense are requesting to have the trial begin in October. She said the defense estimates it will last two or three weeks.

Read Monday’s edition of the Niles Daily Star for complete coverage of Friday’s court hearing.