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Motion for acquittal filed in Pellin Ambulance case
YOUNGSTOWN
The trial of a former ambulance company owner accused of stealing funds from his own company is under way, but there will be no resolution in the case for at least two weeks.
Richard Pellin, 38, of Stoltz Road, Diamond, appeared Thursday before Judge James C. Evans of Mahoning County Common Pleas Court for a nonjury trial on the theft charges.
Prosecutors said authorities believe Richard Pellin and his mother, Vanessa Pellin, diverted money due the Pellin EMS to a Pennsylvania bank account, with the total diversion being about $90,000.
Prosecutors also said Richard Pellin drew checks in the name of his brother, Patrick Pellin, and deposited them into his own account without his brother’s knowledge. Vanessa Pellin has pleaded guilty to theft.
Pellin Emergency Services was placed into receivership via court order over debts owed to Chase Bank. Jeffrey Firestone, a former employee of the accounting firm appointed to oversee the receivership, took the stand to testify on behalf of the state Thursday.
Through testimony, the state showed 26 pay stubs for Patrick Pellin, each for more than $1,000 in 2006. The state also showed that federal tax returns show Patrick Pellin earned only about $8,000 that same year. Patrick Pellin, according to testimony, ultimately sent an email to the accounting firm and ambulance company claiming not to have been paid for most of 2006.
The state also questioned Firestone about funds paid to the Pellins’ company that never made it to the Chase bank account for the receivership, but are believed to have been diverted to another account at a different institution.
Atty. Scott Cochran, representing Richard Pellin, on cross examination pointed out that both Richard and Vanessa Pellin worked full time for the ambulance service during the receivership, but did not get paid for all of their services. He also said Richard Pellin had advanced funds to the company for daily operations and was owed that money.
Cochran also pointed out that Patrick Pellin went nearly a year and a half reportedly without receiving a paycheck before sending the email complaining about not being paid.
Cochran ultimately asked the court for an acquittal in the case, and Judge Evans will consider that motion. The defense has been ordered to submit a brief to the court on the motion by Thursday. The state has been ordered to respond by Sept. 6.
The case will resume in open court Sept. 8.