Statements made by a former Le Roy Fire Department chief can be used at his potential trial on nine counts of misappropriating fund from the department.
Stephen C. Smith, who served four years as chief and four as an assistant chief, was in court today for a pretrial hearing on a motion by his attorney, Thomas Burns, to suppress the statements as improperly obtained.
Judge Robert Noonan ruled that Smith did know he was talking with a police detective during his initial questioning and that once he was placed in custody and asked more questions, he had been read his Miranda warnings.
Smith is accused of misusing a department credit card, putting a personal cell phone on the department's mobile phone account and filling his personal vehicle with department gas.
The charges filed against Smith:
- Tampering with public records in the first degree: Smith is accused of altering an invoice for $896.49.
- Tampering with public records in first degree: Smith is accused of creating a false receipt in the amount of $390.
- Defrauding the government: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
- Forgery in the second degree: Smith is accused of altering an invoice for $896.49.
- Forgery in the second degree: Smith is accused of creating a false receipt in the amount of $390.
- Falsifying business records in the first degree: Smith is accused of creating a false receipt in the amount of $390 in order to get the fire district to pay for personal purchases.
- Falsifying business records in the first degree: Smith is accused of altering an invoice for $896.49 in order to get the fire district to pay for personal purchases.
- Grand larceny in the fourth degree: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
- Official misconduct: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
