Quincy man given probation in financial exploitation of elderly case

QUINCY -- A Quincy man was sentenced to probation on Wednesday in a financial exploitation of the elderly case in Adams County Circuit Court.

Judge Michael Atterberry adhered to the wishes of the mother of Kevin D. Fortman, 57, who asked that her son be given probation after an Adams County jury found in November that he illegally used funds from her checking account over an 18-month period. Atterberry sentenced Fortman to 30 months probation and 90 days in jail, with all of the jail time stayed pending a review in April.

Fortman could have been sentenced to between four and 15 years in the Illinois Department of Corrections after being convicted of the Class 1 felony. The felony conviction is Fortman's first.

Assistant State's Attorney Anita Rodriguez said Fortman's 85-year-old mother asked that her son not be sent to prison or serve any jail time in the case.

"Given the circumstances, I think that is an appropriate recommendation," Rodriguez said.

Fortman had power of attorney over his 85-year-old mother's affairs. She was living in a Quincy nursing home when Fortman took nearly $8,000 from her between September 2012 and March 2014. Fortman will have to pay $7,993.32 in restitution. His mother will receive $1,740, and the rest will go to the nursing home where his mother lives.

Rodriguez said Fortman took money from his mother's checking account to pay off his credit card bills and bank loans.

Fortman was not allowed to have contact with his mother between his April 15 arrest and Nov. 18 at the end of the two-day trial. It took the jury only 45 minutes to render its decision. A no-contact order was lifted after the jury came to its decision.

"The most difficult time in my client's life was the period of time when he was out on bond and wasn't allowed to see her," said Drew Schnack, who represented Fortman.

Fortman's mother attended Wednesday's sentencing.

Fortman apologized for his actions, but he did not understand why he had been charged with a felony.

"This whole thing, in my mind, is a big misunderstanding," Fortman said. "If I have a felony on my record, I'm going to lose my business immediately. How am I supposed to pay this off if I can't work?"

Fortman has been free since being released on a $25,000 recognizance bond after he was arrested on April 15.

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Quincy man given probation in financial exploitation of elderly case