Staff Reports
A 39-year-old South Lake Tahoe woman who was recorded withdrawing $700 from an automatic teller machine with someone else's bank card was sentenced Monday to probation.
Diana Drinkard apologized again to the victim, and said she used the card in a crime of opportunity.
"I didn't go out intentionally to commit a crime," she said. "The opportunity was there and I was going through a really bad time. I lost my job and I didn't know how I was going to support my kids."
According to reports, on April 26, the victim left her ATM card in the Minden Bank of America machine after a withdrawal and drove away. Drinkard allegedly drove up after her and used the still-active card four times to withdraw $700 before it was declined for a fifth try.
She was recorded making the withdrawals as her two young sons watched.
Drinkard reportedly purchased $43 of gasoline at Cowboy Corners with the card the same day.
She tried to use the card two days later at Walmart but was declined, and she threw it away, according to reports.
The victim was reimbursed by the bank, and Drinkard was ordered to pay $743.01 restitution at $50 a month.
District Judge Michael Gibbons sentenced Drinkard to 30 months in Nevada State Prison, suspended, and placed her on probation for one year.
She must perform 40 hours of community service.
Drinkard has no prior criminal record, and asked the charge be reduced to a gross misdemeanor so she wouldn't have a felony on her record, but the district attorney's office refused.
Prosecutor Laurie Trotter said Drinkard used the card five times before it was declined.
"Her young sons were in the vehicle with her. The state sees that as particularly egregious," Trotter said. "She used very poor judgment and set a poor example."
After a photo of Drinkard making the illegal withdrawal was posted on Secret Witness and in The Record-Courier, she turned herself in several weeks later.
Lawyer Derrick Lopez said his client was trying to save the government the expense of a $1,000 Secret Witness reward offered for her capture.
"Yes, she did come forward, but it wasn't like she came forward immediately." Trotter said.
Lopez compared his client's conduct to someone finding a wallet on the sidewalk.
"It's akin to somebody walking down the street who finds a wallet and is desperately in need of money and takes it. It's not the right thing to do, but I would bet 50 percent of the population would see an opportunity for free cash and take it," Lopez said.
Ironically, Lopez said, Drinkard lost her home and vehicle about a month after the theft.
"I believe what you said," Gibbons said. "You made a really bad mistake, compounded by doing it again."
She pleaded guilty to fraudulent use of a credit card. Gibbons said if she successfully completes probation, she can begin the process of sealing her record.
