Former auditor employee sentenced to 30 days jail

LIMA - When it came to asking for mercy, a former deputy auditor connected to $5,200 that turned up missing had a lot to say but nothing about where the missing money was.

Nichole Barker, 28, was sentenced to 30 days in jail on Wednesday. She never said where the money was even when asked by Judge Richard Warren.

"Where did the money go?" he asked, which was followed by no response after a long pause by Warren.

"Your silence speaks volumes," Warren said.

Barker pleaded guilty to dereliction of duty, a second-degree misdemeanor. She had been charged with theft in office, which could have put her in prison for up to five years. The misdemeanor carried a maximum sentence of 90 days jail.

Warren said the criminal investigation pointed to Barker for the missing money but she was cut a deal after prosecutors became aware other employees potentially had access to the money.

"For the most part, everything pointed to you," Warren said.

Barker has paid $5,200 in full restitution, money her pastor put up to help her out. She said she would repay him.

While she refused to accept responsibility, Barker talked about how her life has changed in the past year while praising members of her church for believing in her.

"I ask that you show mercy upon me so I can fix things and get back to normal and get back to life as a good citizen," she said.

Barker's attorney, Farley Banks, also maintained his client's innocence saying she was just an average person who worked hard to support her family as a deputy auditor for six years.

"She just became overwhelmed. Rather than asking for help or asking for assistance she didn't do her job properly," he said.

When she was first charged, Barker was accused of stealing more than $5,000 from her former employer, the Allen County Auditor's Office.

Barker resigned her position as a deputy auditor June 29, 2006. She collected dog license fees, cigarette vendor fees, mobile home transfers and personal property tax. After she was charged, prosecutors said the majority of the missing money was from dog license fees.

The thefts occurred between Dec. 1, 2005, and Nov. 30, 2006.