GRAY SENTENCED TO 180 DAYS IN JAIL

NILES – Former SMCAS executive director Tim Gray was sentenced last week to six months in jail and five years probation for embezzlement over $50,000 and under $100,000. Gray was sentenced last week in Berrien County Trial Court by Judge Angela Pasula.
A jury found Gray guilty of embezzlement at the end of a two week trial in November. He is accused of taking nearly $100,000 in excessive payments from the service for paid time off, holiday pay, dental and vision reimbursement and short term disability from 2009 to 2014. He is appealing his conviction.
Gray, 50, now of Claremont, Florida, spent most of his career from high school on with the Southwestern Michigan Community Ambulance Service. He was the executive director from 2008 to 2014, retiring in June 2014, and was arrested last year for embezzlement from the service.
In addition to the 180 days in jail and five years probation, Pasula ordered him to pay $2,358 in fines and costs. No restitution has been ordered pending a restitution hearing set for Feb. 27. She did not order any community service, saying that it is more important for Gray to work to pay back the restitution to be ordered.
While Pasula denied Gray’s request to stay free on bond during his appeal, she did grant a defense motion for post-trial discovery. Defense attorney Michael Conkright asked for and got permission to have a forensic examination done of SMCAS computers to recover allegedly deleted materials in order to better determine restitution.
Last week’s sentencing featured continued claims of innocence by Gray and a plea for leniency from both him and his attorney, Michael Conkright. At the same time, Assistant Prosecutor Gerald Vigansky said Gray had betrayed the trust placed in him by the SMCAS staff, board and greater community.
Comments from Gray’s attorney, Michael Conkright, and Assistant Prosecutor Gerald Vigansky painted very different pictures of Gray.
Conkright noted that 28 people had written letters of support for Gray, calling him a dedicated public servant who is a good man and loyal friend. Vigansky said Gray betrayed the trust of SMCAS board members and employees as well as the community, turning it into “deceitful action” where he methodically took money he wasn’t owed.
For his part, Gray asked for leniency and to be able to at least remain free while the case is on appeal. He noted that he wants to find a new job and pay off the restitution owed as well as continue with his medical treatment and participation in a medical study.
“I’m in no way trying to downplay the seriousness of these alleged charges,” he said. “If I were guilty, I would be the first one to come forward and admit it and would accept whatever sentence given.”
“I am deeply saddened that SMCAS has been put through this ordeal. Those who know me know I poured my heart and soul into SMCAS. To this day, my heart remains with SMCAS. I want to see them prosper. They were my second family.”
Gray also spoke of the serious injuries he received more than two decades ago when he was working as a jail guard with the Berrien County Sheriff’s Department. He worked for the sheriff’s department from 1995 to 1998.
He said he still suffers from the injuries he sustained during the 1996 altercation. He was brutally attacked by two inmates on Oct. 1, 1996 when they cut through a steel cell bar and used it to beat Gray, fracturing his skull and breaking his hand. Gray pretended to be dead and was able to get help. He was later awarded the department’s Medal of Valor.
“I testified in trial based on my memory and my recollection,” He said. “Whether people want to believe it or not, my memory has been affected by my skull fracture and head injury I suffered back in 1996 when I worked for the sheriff’s department.”
“I can remember something today and not remember it tomorrow. That’s the way it is. Anyone who has had a head injury knows the struggles. Those who don’t just assume that people with head injuries are lying and that’s not the case.”
Judge Pasula told Gray that he had violated the trust of the SMCAS staff and board as well as that of the greater community. “Today is the time to be held accountable and face the consequences of your repetitive acts of theft and abuse of trust,” she said.
“The fact that you did make positive contributions does not mean that you didn’t do this selfish act and take money from a non-profit organization to enhance your personal life and lifestyle.”
“The testimony showed that you took money unabashedly and continually from the employer who had paid you for years,” she said. “Instead of showing respect and gratitude and professionalism to SMCAS and its board of directors, it appears at best that you were disingenuous. You showed some greed, disrespect and ultimately criminality.”