Dairy Queen embezzler reinstated on probation
May 15, 2013
A 43-year-old man, who reportedly only repaid $200 of the nearly $28,000 he stole as manager of Dairy Queen, was reinstated Monday on probation under strict supervision.
District Judge Michael Gibbons ordered Carl Wilson held in Douglas County Jail until Friday after Wilson claimed he had jobs at a grocery store and a pizza parlor which were to begin this week.
His lawyer, Jamie Henry, told Gibbons if her client were held in jail, he would lose the jobs.
In March 2011, Wilson was placed on five years probation, and ordered to repay $27,785 he stole from Minden Dairy Queen at $775 a month.
The crime allegedly occurred from August through October 2010.
He was sentenced by former District Judge Dave Gamble to 36 months in Nevada state prison, suspended, and placed on five years probation.
According to state probation officer Wendy Maxwell, Wilson moved to Lyon County without permission, was unemployed, and failed to make restitution.
Wilson said he held temporary jobs for a few months, but had a hard time finding work with a felony on his record.
"I understand it's my fault," he said.
Henry said Wilson was engaged to a woman in Lyon County who agreed to support him so all his earnings could be directed toward restitution.
Maxwell said she was concerned because not only was Wilson lying about his residence to probation officials, he had convinced a family member to lie for him.
According to reports, Wilson has moved five times since he was sentenced two years ago, but failed to report two changes in address.
Maxwell said he also lied about a job he reportedly had with an travel agency by manufacturing a contact and a telephone number.
"Now he's able to get two job offers while he's in custody?" she asked.
Chief Deputy District Attorney Tom Gregory asked that Wilson be sent to prison.
"He's not done very well at all," Gregory said. "In two years, he's paid $200 restitution. The state does not view him as a candidate for probation."
Henry said Wilson "begged a family friend" to hire him at Scolari's, and his fiancée's son-in-law got him the job at Round Table.
"The jobs are legitimate," she said. "The biggest thing is the restitution. He is willing to do whatever it takes, he doesn't want to lose those jobs."
"Your deceit is inexcusable," Gibbons told Wilson. "It is consistent with the original crime, stealing from someone and covering it up."
Gibbons said he was skeptical about Wilson's statements, but since he had no prior criminal record or evidence of additional crimes since his conviction, he would give him another chance.
"I have not said you have done a good job," Gibbons said. "If you mislead this court, you are going to prison."
He ordered Wilson back in court June 17 with proof of employment, pay stubs, and a breakdown of his fiancée's financial records.
Wilson is to work a minimum of 40 hours a week with 50 percent of his gross income going to restitution.
Gibbons reiterated his position that any probationer who falls two months behind in court-ordered restitution be required to appear before him.
He ordered Wilson to appear Monday at parole and probation with information about his fiancée, and other requested information.