Money wasn’t the only object Shannon Mares stole from the Cardinal Schools community in the past two years.
She also stole a community’s trust, said Geauga County Common Pleas Court Judge David L. Fuhry.
Fuhry sentenced Mares, a former Cardinal Schools secretary, to jail time for theft of $7,941.21 in court Wednesday morning.
Mares, who worked at Jordak Elementary School, also received 180 days in the Geauga County Safety Center for the fifth-degree theft felony. Additionally, she also received two years of community control concurrent with the jail sentence.
Fuhry also fined Mares $1,000, but suspended $500 of the penalty. Her jail sentence was slated to begin immediately, the judge said, adding if she violated any aspect of her sentence she could receive up to 11 months of jail time in addition to other penalties.
Her attorney, Philip Cordova, said Mares did not have a history of prior thefts or a court record.
“I don’t believe she would have jeopardized a $31,000-a-year job she enjoyed,” Cordova said. “She’s a productive citizen, and while she crossed a line, the court does not have to be concerned about her doing this again.”
Cordova said the money was used to support her family, and that she didn’t steal to purchase drugs or alcohol. Cordova said the “walls were closing in” on her life, citing a $1,200 per-month rental house payment and other expenses she and her husband had to bear. He asked that the court just administer community control and not any type of incarceration.
Mares next told the judge she admitted to taking the funds, but said they were used to pay for groceries and bills.
“I wanted to say I’m sorry,” said Mares, holding back tears. “My husband’s business was failing and I know I made horrible choices. I paid for that.”
She said she could have asked family for help, but she was raised to be a proud person, she said, and “pride got in the way.” Other consequences cited included a loss of trust and respect in the Cardinal community.
Earlier this year, Mares admitted to stealing money from the Michael Fenselon Memorial Fund. But she was not charged because the Fenselon family declined to press charges, Fuhry said.
The Fenselon fund was a private scholarship fund formed to benefit Cardinal students, according to the Nov. 29, 2013 issue of the Geauga County Maple Leaf.
Although the family declined to press charges, the scholarship fund situation raised the attention of Cardinal officials, who began investigating her as well. The entire situation spanned nearly a year-and-half, the judge said.
Although Mares — a 12-year employee — paid back the full $7,941.21 in restitution to Cardinal Schools and she has no prior criminal history other than a 2000 traffic ticket, Fuhry said her involvement with the Fenselon situation prior to the Cardinal theft constituted a pattern of poor behavior.
“Although you told me you did this to help your family, this was a discrete violation of the law,” Fuhry said. “Each one of these opportunities that came up could have been a lesson for you to say ‘no’ and come clean.
“How could you do this? You were put in a position of trust,” he added. “You were tasked with securing thefts like these from outsiders. You’re the guard-keeper but you’re taking money.”
The funds Mares took were workbook fees paid by Cardinal parents, he said, adding “those parents had just as many challenges as you.”
County Prosecutor Jim Flaiz said the workbook fees were a way for the schools to bring in funds on their own.
“A lot of parents that go to Jordak are probably having trouble making ends meet. The schools are hurting, too. The $50 workbook fees are a way for districts to bring in funds via user fees,” he said. “As a result of this, the state recommends that 180 days in jail, in addition to community control, is appropriate.”
After the judge listened to both Cordova and Flaiz, he said the state’s recommendation “was not inappropriate.” Fuhry then handed down his sentence.
Although the judge said it was rare for fifth-degree felonies to have prison sentence specifications, in this case prison could have been an option because Mares’ theft constituted a violation of public trust. However, Fuhry sentenced her to time in the county jail, a lesser penalty than a state prison.
“You preyed on others with your position of trust by stealing money,” he said. “I don’t buy your remorse. (Middlefield Police) Chief (Arnold) Stanko had to pry it out of you. You didn’t say, ‘I did it’ right away. The chief had to drag it out of you, and you responded only after you were backed into it.”
Prior to sentencing, Cordova and Mares asked for leniency.
“I’m just asking for mercy,” Mares said.
“I just gave it to you,” Fuhry said.
In January, Flaiz and Mares’ attorney, Philip Cordova, reached a plea agreement. Mares changed her plea from not guilty to guilty on Jan. 15. Originally, she was indicted in September on charges of tampering with evidence, a third-degree felony, and theft, a fifth-degree felony. The allegations in the indictment concerned embezzlement of school fees that occurred in 2012 and in the spring of 2013. In October, Mares pleaded not guilty to both charges.
At sentencing, the state dismissed the first count, tampering with evidence. But Mares and her attorney changed the plea to guilty on the second count, theft, and she was sentenced for the sole theft charge.
For theft, Mares could have received between 6 and 12 months in prison and a $2,500 fine plus court costs. Had the court convicted her of tampering with evidence, she could have been punished by up to three years in prison and a maximum fine of $10,000.
She can apply for work release after serving 60 days of her jail time, Flaiz said.