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Man gets jail term in theft from ambulance group

A Carbon County man who admitted he stole a large amount of cash from the Palmerton Ambulance Association was sentenced to a prison term and ordered to pay a big restitution bill.

Donald K. Weaver, 55, of Jim Thorpe, was sentenced to serve 30 days to 23 months in the county prison followed by 3 years of probation and must make restitution of $70,000. Judge Joseph J. Matika imposed the sentence.

Prior to the sentence being imposed, the court questioned defense counsel, Adam Weaver, and Assistant District Attorney Brian B. Gazo, about the restitution bill.

Matika noted in a presentence investigation report prepared by the adult probation office, it was noted that the ambulance association had received a payment of $100,000 from an insurance carrier. He asked who should get the $70,000 restitution to be ordered - the insurance company or the ambulance association.

Weaver said some of the money should go to the insurance carrier and some to the association.

At the time of the plea, Matika noted a misdemeanor one count means the theft involves property valued up to $2,000. He asked why the misdemeanor rating since the police charged Weaver and his wife, Danielle Weaver, with taking over $144,000 from the ambulance association. Matika said based on that the theft should be rated a felony.

At the time of the guilty plea Assistant District Attorney Joseph D. Perilli, who prosecuted the case, said the agreement was reached after it was determined by his office that they would have a hard time proving the theft involved $144,000. He said there was no forensic audit done, but the figure was determined by members of the governing board of directors. He said there was some poor bookkeeping done and some poor decisions made. Referring to the amount taken, he called it a “loose number.”

Matika took exception to Weaver’s claim the money he took was loans. Matika said there was not evidence that the association agreed to loans to the defendant and there is nothing in the law that said a nonprofit association can participate in loaning money.

Matika said Weaver got a “tremendous break” in his plea agreement and rejecting a probation only sentence. He also denied Weaver participation in the “house arrest” program.

The defendant said, “I realize that I did wrong.” He asked to be spared any jail time because he and his wife care for a young child.

Matika ordered the restitution amount and said Weaver must make minimum monthly payments on the restitution of $500. He was also ordered to render 100 hours of community service, pay court costs of over $1,000, pay a $50 per month supervision fee while on parole or probation and supply a DNA sample.

He will begin serving the prison term at 9 a.m. on June 11. He was granted work release privileges.

Danielle Weaver’s case is pending. She has a pretrial conference scheduled for June 24 at 2:15 p.m.