After some contentious arguments between lawyers, 46th Trial Court Judge George J. Mertz sent a Grayling woman who stole money from the Grayling Little League and two funds used to support student athletes to prison on Monday.
Mertz ruled that there was substantial evidence to depart from Michigan Department of Corrections guidelines, which recommended that Sandra Enos serve zero to 11 months in jail.
Instead, Mertz sentenced Enos to serve a minimum of 36 months to five years in prison for two counts of embezzlement $1,000-$20,000 regarding funds taken from the Grayling Little League accounts and funds for Grayling High School Spirit Club accounts. Mertz sentenced Enos to serve 36 months to 14 years in prison for one count of forgery regarding Grayling Little League financial records.
Mertz zeroed in on memorial contributions, given by the family of Jim McClain, one of the founders of the Grayling Little League, as one of his main reasons for departing from sentencing guidelines. McClain died on Feb. 6, 2012 after a battle with cancer.
"They were trying to honor him by having donations given in his honor," Mertz said. "I imagine that was very comforting to them at a time when they were grief stricken. For you to take the money, given in loving memory for someone who did volunteer to help the kids, I find that in itself to be totally reprehensible and find the guidelines to be woefully inadequate."
Mertz added the crimes are going to cause a level of distrust for children, parents, potential financial supports and vendors who were not paid because of the embezzlement.
"This is going to have a ripple effect for years to come," Mertz said. "You can't say you're going to repay the money, do a little jail time and make things right."
Enos plead guilty to the charges on Feb. 20. Two counts of embezzlement $1,000-$20,000, from separate cases involving the Grayling Little League accounts, were dismissed as part of a plea deal. Two counts of forgery were also dismissed. Two misdemeanor cases of embezzlement-agent under $200, which were pending in Crawford County District Court, were also dismissed.
The funds involved in the cases came from checks donated to the Grayling Little League, Grayling Viking Football Club and the Grayling High School Spirit Club, totaling $21,601.22.
Enos will have to pay $19,146.22 in restitution back to the Grayling Little League, $900 to the Grayling High School Spirit Club and $1,465 to the Grayling Viking Football Club. The parent-run spirit clubs solicit donations to ensure that student athletes are properly nourished and energized before their games are played outside the community.
Enos, in a written statement given to the court before her sentencing, said she used the money to pay bills and buy groceries.
Enos apologized for the emotional toll her actions have caused, for breaking trust of the people in the organizations she was involved with and not managing the funds for their appropriate purpose.
"I hope that people will continue to volunteer and nurture the youth in our community because they are our future," Enos said in verbal statement in court.
Scott Gabriel, president of the Grayling Little League Board of Directors, said taking the money hurt the kids and several others.
"You hurt me and consequences need to be paid," Gabriel said.
Gabriel said the embezzlement caused a near financial collapse for the Grayling Little League.
"We almost lost the program, but a few volunteers got together and fought to keep this program going," Gabriel said.
Crawford County Prosecutor Everette "Trey" Ayers said the embezzlement resulted in some equipment not being purchased for the Grayling Little League. In addition, scholarships were not given out to families who have financial hardships to allow their children to participate in the program.
"Some families could not play," Ayers said.
Dawn LaCasse, Enos' defense attorney, sought to have the sentencing adjourned because she was given some information just before the hearing.
LaCasse argued that the crimes that Enos plead to involved three entities and resulted in separate amounts of restitution being applied to each crime.
Although LaCasse said she did not want to belittle the individuals involved with the organizations, she argued that she did not believe psychological injury could be applied to the three entities who were victims when considering the sentencing guidelines.
"I don't think the prosecutor can come in and add additional victims," LaCasse said.
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