Former Peshtigo Bookkeeper Gets Two Years In Prison

Former Peshtigo School District Bookkeeper Diane R. Shearer, 52, of N6565 S. 6th St., Crivitz, was sentenced to two years in prison and three years of extended supervision on reduced charge of felony theft of $5,000 to $10,000 in a business setting. Shearer pleaded “no contest” to the sole charge.

Shearer appeared in person before Judge David Miron in Marinette County Circuit Court, Branch 1, for sentencing at 2 p.m. Thursday, March 22, accompanied by her attorney, Richard Boren.

Investigation reports showed between Oct. 7, 2005 and Sept. 10, 2010 Shearer issued herself unearned payroll checks, pay for overtime not worked and flex spending reimbursements which were not owed to her in the amount $43,982.83. She resigned her position on Sept. 10, 2010 after being interviewed by Peshtigo School Superintendent Kim Eparvier. She had been employed by the school district since the mid 1990s.

In reviewing the pre-sentence report, Miron noted that seven letters had been sent in on Shearer’s behalf and that the victims are the taxpayers of the Peshtigo School District.

According to the options laid out at the plea hearing, if substantial restitution were made, the District Attorney would recommend two years in prison and three years of extended supervision, with the remaining restitution being taken from a percentage of any prison wages and full restitution being paid during the extended supervision.

Boren noted that about $30,000 of the $52,838.95 amount had already been submitted.

District Attorney Allen Brey addressed the court on the reason for being here: “She stole the public’s money and got caught.” He went on to add that Shearer didn’t turn herself in. She violated the public’s trust. Even though she had many opportunities to stop the thefts, she didn’t. She repeated stealing over many years. “She stole it for herself, to keep her husband’s failing business solvent,” he added.

Brey continued, “How much of the public’s money does a person have to steal before they go to prison? Probation and credit � is just not really appropriate�. $48,000 demands something more substantial.”

“I recognize the good things she has done in her life, but I also think of the magnitude of the thing she has done cries out for a prison term. I think my recommendation is appropriate,” Brey concluded.

In Shearer’s defense, Boren pointed out family and friends present in the courtroom in support of Shearer. He also thanked the court for some more time granted to come with additional restitution. He noted that she wasn’t able to come up with the full amount because of delays with refinancing.

“There are no excuses here,” Boren continued. “What she has done is inexcusable.” He then went on to point out that Shearer had no prior record. He commented, “What she has done is completely out of character.”

Boren mentioned that Shearer admitted her crime once confronted and that the Peshtigo Superintendent and School Board had issued no comment when it came to victim impact or sentencing. He said this was because they “were not out for blood.” He pointed out that the school district had even asked her to come back for two days to train her replacement.

He further explained that the money she stole was not spent extravagantly, but for basic living expenses, and that because of her husband’s poor health she was doing it to try to save his failing business. “It was because of need, not greed,” Boren added.

Boren concluded that he felt prison time would be excessive punishment in this case and that it would curtail restitution. He agreed that jail could be warranted, but not the state prison system.

When asked, Shearer, in part, said, “I am very, very sorry. I beg you to have mercy on me.”

Prior to pronouncing sentence, Judge Miron explained that the public trust was broken, that Shearer had committed the crime over a long period of time. He said, “You stated that you have learned your lesson. My concern is that this happened over five years. The lesson was learned only when you got caught.”

Miron went on to say that he felt protection of the community had a role, that punishment and rehabilitation were appropriate, and that deterrence was especially important for people who are dealing with other people’s money. “People have to know there is a price to pay.”

Miron added that he, too, was puzzled by the lack of any statements from the Peshtigo School District, the victims in this case.

Miron noted that Shearer had no prior record, and that was in her favor. He also noted that she was raising a son and had family and friends who loved her.

Miron spoke of the letters received from Shearer’s husband and a doctor, both of which spoke of her character, and how everyone was surprised at her involvement with this crime.

But Miron explained that the thing he struggled with is that people have said this was out of character for her. As he saw it, doing something once is out of character, but doing it repeatedly over five years shows a different character. “I think the community needs protection. I think there is a need for punishment. Probation dismisses the seriousness of the offense. Repetition tips the scale for a prison sentence.”

After announcing the sentence of two years initial prison time and three years extended supervision, along with the total amount of $52,838.95 in restitution, $30,000 of which was already on deposit, Shearer was immediately remanded to the Sheriff’s Department for transportation to the Taycheedah Correctional Institution in Fond du Lac.

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