Sunday, April 3, 2016

Tooley's Cafe owner indicted on embezzlement, elder exploitation charges


The Henderson County grand jury has indicted the owner of Tooley's Cafe on several embezzlement and elder abuse charges, District Attorney Greg Newman confirmed Friday.

According to online court records, Kim Ellen Justice is charged with four felony counts of embezzlement and with three counts for exploitation of an elder adult. Newman said Justice is accused of taking millions of dollars from an elderly customer.

The indictments were handed down Wednesday, and more charges are expected to be brought in the coming weeks, Newman said.

Justice came in contact with an elderly man who would frequent Tooley's Cafe two years ago and formed a friendship with him, said a source close to the case who asked not to be named.

On Aug. 21, 2014, Thomas Byrne signed over his power of attorney rights to Justice, according to Henderson County register of deeds online records.

Then, over the next several months, Justice began transferring funds from Byrne's bank and investment accounts and taking the money, the source said.

“There are a lot of sad situations with the elderly and criminal activity,” Newman said. “If there's enough to support a charge, then the law enforcement agencies will charge someone.”

After an investigation was completed by the State Bureau of Investigation, authorities determined that there was enough information to bring charges against Justice, Newman added.

When contacted Friday by the Times-News, Justice said she did not want to comment on the charges.

The spokesperson for the State Bureau of Investigation could not be reached Friday because of the Good Friday holiday.

The Henderson County Courthouse also was closed on Friday, so court documents were not available.

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Tooley's Cafe owner indicted on embezzlement, elder exploitation charges

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