Serving Gogebic, Iron and Ontonagon Counties
BESSEMER - Former Erwin Township Clerk Prisilla Gerovac, 56, was sentenced in Gogebic County Circuit Court Tuesday to 30 days in jail for embezzling money from the township.
In May, Gerovac pleaded no contest to the charge of embezzlement by an agent or trustee of an amount more than $1,000, but less than $20,000, a five-year felony.
In sentencing Gerovac, Judge Janis Burgess said while Gerovac didn't have a criminal record, the nature of the crime merited the sentence.
"The purpose of jail time is to punish the defendant and send a message to the community," she said, explaining the crime violated the trust the township's citizens placed in Gerovac.
While Gerovac's crime was serious, Burgess said it didn't necessarily make her a horrible person.
"Frankly, it is generally the nicest people you meet who commit these crimes," Burgess said, adding bad people simply aren't trusted enough to be allowed to embezzle money.
"You are a person who made very bad judgments over a period of time," Burgess said.
Gerovac's plea came as part of a plea agreement that had a second charge - embezzlement by a public official of an amount more than $50 - dropped.
While the plea agreement had included a 15-day jail cap, Burgess said she wasn't going to follow the recommendation and told both parties she was planning to impose the 30-day sentence.
While Burgess' decision to sentence beyond what was in the plea agreement provided Gerovac with the opportunity to withdraw her plea, she chose to accept the 30-day sentence.
Gerovac's attorney, Anna Talaska, said Gerovac just wanted the process to be over.
"My client wants this resolved just as much as the township of Erwin wants this resolved," Talaska said, explaining the reason for accepting the harsher sentence.
Talaska did ask the probation length be set at one year, rather than the 18 months recommended in the pre-sentence report. Chief Assistant Prosecutor Tracie Wittla didn't object to the request as the shorter probation period meant the restitution to the township would be paid sooner.
Burgess granted the request, saying it could be extended if Gerovac didn't complete all the obligations in the 12-month period.
Gerovac was also sentenced to one year of probation and ordered to pay $10,635 in restitution, of which she has already paid $5,500.
The charges were the results of an investigation which began in April 2015 when Erwin Township Supervisor Larry Grimsby discovered "discrepancies" in the township's finances.
Grimsby addressed the court prior to sentencing.
"This action not only (hurt the township) financially, it also took away the public trust," Grimsby said. "Not only in the township, but (I feel) in all of Gogebic County."
Grimsby said while some township residents felt the punishment should be stiffer, he just wanted the matter resolved.
Burgess also imposed $1,668 in fines and court costs, including a $1,000 fine.