SOUTH BEND - Following two days of testimony and three hours of deliberations last Wednesday, a Pacific County jury found Melissa R. Hurley, 35, of Menlo, guilty of theft in the first degree with aggravating factors and identity theft in the first degree with aggravating factors.
Hurley had been the caregiver of Billie Shade. Following Shade's passing, her son, Richard Shade, began to review his mother's finances and learned that $6,000 had been taken from his mother's account in 12 separate, recent ATM transactions, with one of the transactions taking place while she was in a nursing home.
Richard Shade contacted Hurely about the missing money and the two agreed to go to the bank to determine who took the missing money. Hurley did not indicate that she had been the person who had taken the money. After leaving the bank without answers, and at the banks suggestion, they went to the police department to report the missing money.
While Richard made the report, Hurley did not indicate she had the money. It wasn't until the pair left the police department and it was confirmed that the officers would retrieve the ATM photographs that Hurley told Richard she had the money and returned it to him.
Raymond Police Sargent Samplawski completed the investigation by obtaining the photographs which showed Hurley taking the money and also learned that the day before Hurley and Richard went to the bank, she had messaged someone at the bank to determine whether the ATM actually had a camera. Hurley testified that she took the money as the executrix of Shade's will.
"We were obviously pleased with the jury's verdicts," Pacific County Prosecutor Mark McClain told the Herald, adding, "Frequently those requiring care become victimized by their caregivers and our decision to prosecute this case was both aimed at justice for Ms. Shade, but also to protect those victims who too frequently cannot protect themselves.
"In this case, the bank transactions and use of the ATM card belied Ms. Hurley's testimony and it was pretty obvious that she would not have returned the money," McClain said.
Hurley remains free on pre-trial release conditions. Sentencing is scheduled for later in September and Hurley faces as much as 10 years in prison.
Howell Pleads Guilty
to Kidnapping and Rape
Robert Howell, 48, of South Bend, entered guilty pleas to kidnapping in the second degree and rape in the third degree following an investigation that began July 11.
South Bend Police Officer Allan McComas responded to the Crisis Support Network for the report of a sexual assault allegation. The victim, whose name was not released based on the nature of the allegation, reported that Howell had given her two doses of her prescribed medication and she began to feel drowsy and ultimately feel asleep. She said she then started feeling like she was in a dream with Howell on top of her and her screaming "no." She reported Howell had sent her a text message the following day, but she had deleted the text accidentally before reporting the assault.
Howell was interviewed and denied having any sexual contact with the victim and agreed to a DNA test. Initial DNA testing was too degraded to examine.
However, upon further examination, Howell's DNA was located on the victim's clothing and officers confronted Howell again with the DNA evidence. Howell admitted to touching the victim's thigh and under her underwear, but he said he stopped when she told him no.
"Officer McComas is to be commended with his continued investigation of this case and it is because of his effort that we were able to resolve this case with a sex offense conviction, which protects the community from Mr. Howell," McClain said. "He will first go to prison and then his case will be reviewed by the Sexual Violent Predator (SVP) unit of the Attorney General's Office prior to being released from custody.
Because of Howell's prior sexual assault convictions, I contacted the SVP unit in advance of the resolution and they assured me that any conviction for a sex offense will cause Howell's matter to be reviewed and, because of prior unrelated allegations, which was referred to their office regarding Mr. Howell's conduct, they are eager to receive this case for consideration," McClain said. "If Howell is determined to be a sexually violent predator, he could be held indefinitely in custody."
Howell remains in the Pacific County jail on $250,000 bail pending sentencing which is presently set for September 30 at 1:30 pm in the Superior Court, where he faces up to 6 years and 10 months in prison followed by 3 years of community custody.
Koplin Sentenced
for Bail Jumping
Austin Koplin, 21, of Long Beach, was sentenced to a year in prison for bail jumping.
"Mr. Koplin had been sentenced in a drug possession charge and given an incremental sentence, which is used to help those who have jobs not lose them by serving jail on the weekends," McClain said. "Prior to my term here, there was a decision to merely issue a warrant and have a defendant serve the balance of the jail sentence, but I believe that does not protect the community or help someone who is using drugs, and for that reason I decided to charge these types of cases,"
"In this case, Koplin entered guilty pleas to three counts of possession and was ordered to begin his sentence the following week in three-day increments," McClain reported. "Koplin did one weekend and then failed to appear for the balance.
"Mr. Koplin's urge to use drugs was more powerful that his desire to get clean," McClain continued. "This will force him to be sober for a year and hopefully when he is released he can complete the drug treatment that was previously ordered."