A Floyd County
judge sentenced a man and woman to a year of probation after they took
an elderly man’s disability check to pay for their own utility bills and
buy mice to feed their pet snake, while he remained in his apartment
with the power cut off.
Joshua
Adam McCurry and Sheryl Lynn Norris were both sentenced by Judge Jack
Niedrach to the term of probation on Wednesday after they were found
guilty of felony exploitation of an elder or disabled person along with
restitution of $136.
According to police reports and testimony presented in court:
Norris originally applied to receive
Tommy Mills’ disability check but was turned down by the agency, so she
reapplied with the information of her then-boyfriend, McCurry. The two
spent money on tools, their own utility bills and other items during the
15 months they received the victim’s disability check, police said.
During
that time his power had been turned off multiple times and his cable
was turned off, so he now watches DVDs because he can’t afford to pay
the over $600 cable bill left unpaid by Norris and McCurry, his niece
Beth Rose said.
The victim has a brain injury, Rose said, and is physically disabled, limited to his apartment by his disabilities.
“My uncle was a victim longer than the offenders were sentenced,” Rose said after the sentencing.
In
his closing arguments, James Wyatt, who represented Norris in trial,
said he presented a budget to the jury which showed his client provided
for Mills and included services, such as haircuts, far in excess of what
Mills’ disability check provided.
As part of the Floyd County Police
Department’s investigation, detective Amy Nails said they tracked
payment receipts for items they determined were not purchased to assist
the victim and linked them to Norris and McCurry.
“There
were two times he was living without power while they were feeding his
pet snake and paying for their utilities with his funds,” Nails said.
At one point, Nails said, McCurry got arrested and Norris continued to accept the payments and use them for her own gain.
Rose,
who takes care of the victim now, said she has been able to pay his
bills and even have a little left over each month. While she’s taken
over and her uncle is taken care of at this point, they’re still dealing
with problems caused by the crime.
Full Article & Source:
Couple gets probation on exploitation of elder charge
Restitution? Community service? Probation isn't enough.
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