Girard woman pleads no contest in theft case

January 15, 2011 at 12:00a.m.

YOUNGSTOWN

A 50-year-old Girard woman pleaded no contest to a reduced theft charge and agreed to make $15,000 in restitution to the estate of an elderly businessman whose money she stole.

Carol C. Spano entered her plea Friday before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court. He found her guilty and will sentence her at 8:30 a.m. March 16.

Spano, of Pinecrest Road, was indicted last June on an aggravated-theft charge, a first-degree felony offense, under which she would have faced three to 10 years in prison.

The indictment accused her of stealing more than $100,000, which is consistent with an accountant’s finding that she fraudulently took $117,133 from Fred D. Hightower while she worked in his Boardman insurance agency.

The indictment said the theft occurred between Aug. 1, 2005, and May 5, 2009.

J. Michael Thompson, an assistant county prosecutor, said Spano committed the crime by transferring money from Hightower’s bank accounts to hers. Hightower died Dec. 3, 2008.

In the plea agreement, Spano pleaded no contest to, and was found guilty of, a reduced charge of theft, a third-degree felony carrying a possible one to five years in prison.

The prosecution and defense, however, agreed to recommend that Judge Krichbaum put her on probation. If the judge does that, the sentence will be nonappealable.

Thompson said he made the deal because Hightower, being deceased, is no longer available as a prosecution witness. “We believe it’s the best possible outcome for the Hightower estate,” Thompson said of the plea deal.

“From the defense perspective, we felt that this was a triable case, but, of course, there are risks in litigation,” said Atty. John B. Juhasz, who represents Spano.

Spano, who has no prior criminal convictions, remains free on $30,000 bond.

Thompson said Spano had earlier made an additional $44,000 in restitution to Hightower’s estate when she first knew she was being investigated, but before she was indicted.

Boardman police began their probe when Hightower’s son, Kevin, as executor of the estate, became suspicious of fraudulent activity, Thompson said.

The Hightower estate case is still pending in Mahoning County Probate Court.