EMPORIUM (EC) — A former Cameron County tax collector was sentenced Tuesday on charges related to her failure to deposit payments made by her constituents.
Melinda Buchanan, 38, of Driftwood, will serve three years on probation following her entry of a guilty plea to one misdemeanor count of theft by failure to make required distribution of funds.
Buchanan had originally been facing multiple felony charges, as she failed to turn over more than $16,000 that was scheduled to be collected in taxes throughout 2015. The money, along with monthly reports of collections, was due to county officials on Jan. 15, 2015.
An affidavit of probable cause associated with the case indicated that county officials gave Buchanan several opportunities to turn over the funds, including having the sheriff’s department pick her up at her home in Driftwood. Buchanan made no effort to attend a meeting.
However, through the police investigation, it was discovered that Buchanan had not stolen most of the money. A number of taxpayers’ checks were never cashed, and much of the funds were available; they just were not turned over on the date required by state law.
In total, only $1,666.81 was actually missing. Therefore, Buchanan was able to have the charges amended to misdemeanors and avoid a lengthy jail sentence.
Visiting Senior Judge William F. Morgan of Warren warned Buchanan that the maximum penalty for the misdemeanor charge is five years, which she could face if she violates the terms of her probation.
The three year probation sentence will begin after Buchanan’s year of parole on charges of corruption of minors, to which she plead guilty earlier this year, is completed.
Buchanan must also pay the costs of prosecution, supervision and a $300 fine. Restitution must be paid to the county, as the missing tax funds were already provided to Driftwood Borough, Cameron County School District and the Barbara Moscato-Brown Memorial Library.