A former corrections officer who admitted to workers compensation fraud will spend a couple of more months in jail before serving five months of probation, but the stiffest penalty he may face is paying back the nearly $38,000 he still owes the state.
James S. Gibbs has completed two months in county jail and will serve another two months before being released on probation, Judge Robert C. Noonan ruled today.
In May, Gibbs admitted to charges of grand larceny and attempted workers compensation fraud. He also agreed to more than $40,000 in restitution, with $20,000 payable before his sentencing.
Since then he's allegedly violated the terms of his presentencing release by getting arrested in Monroe County on a possession of a controlled substance charge, and he's been through a divorce in which the couple lost their home.
Rather than a $20,000 payment, Gibbs has paid only $3,003.13.
Over the five years of his probation, his attorney Thomas Burns noted, paying back nearly $38,000 would work out to more than $600 per month, which Burns said seemed like a steep amount to expect Gibbs to pay back (among other expenses, Gibbs must pay child support). He asked for payments of $175 per month.
Even District Attorney Lawrence Friedman acknowledged that asking Gibbs to pay back the full amount in five years was a tall order.
"We ask that you set whatever maximum amount you deem appropriate," Friedman said.
Noonan noted that Gibbs was a good wage earner before his arrest, even in his side job -- driveway paving. He set the monthly payment at $200 per month and ordered that restitution be reviewed next summer.
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