stephen smith

A former Le Roy Fire Department chief was sentenced this afternoon to 90 days in jail and five years probation for misappropriating public funds in 2006. He must also pay fees and fines totaling more than $2,500, plus adhere to a number of other stipulations.

Stephen C. Smith appeared in Genesee County Court wearing white sneakers, black slacks, a light gray sweater and shirt, with bandages on his right hand. He offered no comment when Judge Robert Noonan asked him if he had anything to say for himself.

Smith pled guilty in mid-October to forgery in the second degree.

He served as Le Roy's fire chief from 2004-08, and four more as an assistant chief.

"You certainly should be ashamed for what's brought you here today," Noonan told Smith, while acknowleging that part of Smith's punishment has already been self-inflicted.

"It's a blow to remove you from something you've long been associated with," Noonan said.

Genesee County Justice will supervise Smith's probation. He must provide a DNA sample and pay a $50 fee to be registered in the criminal DNA database. He can drink no alcohol and must submit to random testing. He must get a substance-abuse evaluation and write a letter of apology to those affected by his actions. He cannot associate with scofflaws and convicts.

Smith's Attorney Thomas Burns' asked that his client be allowed to pay his restitution at a rate of $50 a month, and Noonan agreed. The judge also agreed to a jail sentence of 90 days, instead of the six months sought by the Prosecutor Kevin Finnell.

Smith will serve the sentence at a rate of 48-hours weekly, from 10 a.m. Mondays until 10 a.m. Wednesdays.