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Fire chief re-elected, then he’s sentenced
The fire chief has no prior criminal record.
NEW CASTLE, Pa. — Francis “Poncho” Exposito, 59, the longtime Mahoning Township fire chief, was re-elected fire chief on the eve of his sentencing for misuse of a fire department credit card.
Judge Dominick Motto of Lawrence County Common Pleas Court accepted Exposito into an Accelerated Rehabilitative Disposition program at a Thursday hearing.
Judge Motto remarked in granting his request for the alternative sentencing program that Exposito has no prior criminal record, has had a long life in public service, has made restitution and admitted the credit-card use when confronted.
He said the embarrassment Exposito has suffered is more than enough punishment for what he did.
If Exposito completes six months of probation, pays court costs and complies with any other requirements imposed by the Adult Probation Department, he can petition the court later to dismiss the charges and have his record expunged.
The rehabilitative program is for first-time, nonviolent offenders.
An emotional Exposito said after the hearing that Wednesday night, the fire department unanimously re-elected him to serve as fire chief for next year. He declined to comment further.
Exposito had been charged with one misdemeanor count each of theft by deception and conflict of interest and two felony counts of access-device fraud for charging a total of $3,002 worth of items on Lowe’s and Sam’s Club credit cards belonging to the fire department.
After the hearing, Exposito’s lawyer, David Acker, said Exposito had paid back the $2,143 owed on the Lowe’s credit card even before any charges were brought. He said that even though the credit cards were in the name of the fire department, Exposito had signed for them and was personally liable for them.
Exposito was charged July 17 for purchasing carpeting, appliances and other items from Lowe’s, and a leaf blower and personal items from Sam’s Club.
He was confronted by a member of the fire department at the October 2008 monthly meeting of the department about the credit-card purchase, and charges were later filed by the Pennsylvania attorney general’s office.
Exposito has been fire chief for 33 years and also served as a supervisor and roadmaster for the township for many years. He lost his bid for re-election as supervisor in November. The township was not involved in the prosecution because the fire department is a separate entity from the township.