Former Realtor Board Exec Given Three Years for Theft
July 28, 2016 at 4:25 p.m.
By Craig Brosman-
Elizabeth Kennedy, 52, Warsaw, was sentenced in Kosciusko County Superior Court II to three years in prison, with one-and-a-half years suspended.
Kennedy was sentenced on two counts of theft, a Class D felony. Kennedy also was ordered to spend the suspended portion of her sentence on probation. Judge James Jarrette additionally ordered Kennedy to pay the Board of Realtors $1,418.78, the amount linked to two counts of theft she was charged with.
After the sentencing Kosciusko County Prosecuting Attorney Dan Hampton planned on filing a request to reconsider the sentencing.
“The request will be filed soon,” Hampton said. “We are hoping the judge will look at the sentence and reconsider the restitution amount.”
As per Kennedy’s plea agreement, she could have been ordered to pay restitution for all uncharged misconduct counts. Jarrette ordered restitution in only two of the counts that Kennedy was charged with, not all of the possible charges.
Citing the terms of the plea agreement, Jarrette did not order restitution for the uncharged offenses. Since Jarrette only ordered Kennedy to pay back $1,418.78 she effectively was released of responsibility for an additional $26,000 or more missing from the KBR.
A representative from the office of the Kosciusko County Prosecutor said that during the hearing Jarrette said he understood that he was required to order restitution in both the charged and uncharged counts. But the judge told prosecutors he did not find sufficient evidence of the amount of missing money contained in the uncharged counts were.
A representative from the Board of Realtors was not available before deadline.
Kennedy was formerly the executive director of the Board of Realtors and was arrested last August. Police said she stole money over the course of four to six years, making purchases for friends, family and an acquaintance. Police then said that Kennedy manipulated funds within accounts to cover up the thefts. She later admitted to the thefts.
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Elizabeth Kennedy, 52, Warsaw, was sentenced in Kosciusko County Superior Court II to three years in prison, with one-and-a-half years suspended.
Kennedy was sentenced on two counts of theft, a Class D felony. Kennedy also was ordered to spend the suspended portion of her sentence on probation. Judge James Jarrette additionally ordered Kennedy to pay the Board of Realtors $1,418.78, the amount linked to two counts of theft she was charged with.
After the sentencing Kosciusko County Prosecuting Attorney Dan Hampton planned on filing a request to reconsider the sentencing.
“The request will be filed soon,” Hampton said. “We are hoping the judge will look at the sentence and reconsider the restitution amount.”
As per Kennedy’s plea agreement, she could have been ordered to pay restitution for all uncharged misconduct counts. Jarrette ordered restitution in only two of the counts that Kennedy was charged with, not all of the possible charges.
Citing the terms of the plea agreement, Jarrette did not order restitution for the uncharged offenses. Since Jarrette only ordered Kennedy to pay back $1,418.78 she effectively was released of responsibility for an additional $26,000 or more missing from the KBR.
A representative from the office of the Kosciusko County Prosecutor said that during the hearing Jarrette said he understood that he was required to order restitution in both the charged and uncharged counts. But the judge told prosecutors he did not find sufficient evidence of the amount of missing money contained in the uncharged counts were.
A representative from the Board of Realtors was not available before deadline.
Kennedy was formerly the executive director of the Board of Realtors and was arrested last August. Police said she stole money over the course of four to six years, making purchases for friends, family and an acquaintance. Police then said that Kennedy manipulated funds within accounts to cover up the thefts. She later admitted to the thefts.
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