A 29-year-old Carson City woman was sentenced Monday to five years probation and ordered to pay more than $2,400 restitution for unauthorized bank card transactions she made while caring for a woman with multiple sclerosis.
A tearful Tibbi Way apologized to the victim who testified about a loss of trust in the woman upon whom she depended so heavily.
"I'd like to apologize," Way said. "I'm the one who ruined a lot of things for her (the victim). She had to pay the price in the end."
The victim, also of Carson City, said she didn't lose any money because she filed a report of fraudulent charges with the two credit card companies which Way was ordered to reimburse.
"It's hard to understand how somebody hired to take care of somebody takes advantage of them," said District Judge Michael Gibbons.
He cited the vulnerability of the victim who is confined to a wheelchair.
The woman said Way was placed in her home by Advanced Home Care in October 2009.
Her doctor, concerned about the victim's severe anemia and malnutrition, recommended home help.
"I thought she (Way) was fine and did a fairly good job. She made an extra effort to befriend me. In hindsight, I understand why. At the time, I thought it was nice," the woman said.
The 49-year-old victim blamed herself for being careless with her credit cards, leaving them accessible to Way and not monitoring their use.
Records indicated Way made more than two dozen illegal transactions. She was captured on videotape making purchases at Walmart and also used a credit card at a Douglas County dermatologist's to purchase facial care products for her 12-year-old daughter.
"She was buying chips, candy and other frivolous items while I struggled to pay for my medical costs," the victim said.
The woman said Way quit in January shortly before the fraudulent charges started showing up on her statements. She said Way also was fired from the agency which placed her.
"In her line of work, this no doubt is not the first time she stole from a client. She is a danger and a threat," the woman said.
The woman asked that Way be sentenced to prison.
Prosecutor Karen Dustman said if Way didn't go to prison, she should spend time in Douglas County Jail.
"We think she's earned herself some time in prison given the nature of the offense and the extreme vulnerability of the victim," Dustman said.
Way asked for probation.
"I would really like to prove I can do probation," Way said. "I don't deserve time in prison or time in jail."
Gibbons said he could understand the victim's position, relaying a similar incident in his wife's family 10 years ago.
"Almost every victim of embezzlement feels the same way," he said. "It hurts really bad."
He thanked the victim for her testimony, and warned Way she got one chance at probation. She faces 12-32 months in prison for fraudulent use of a credit card.
She may not work with disabled or elderly people unless her probation officer approves. She may not have credit cards and must notify all employers of her conviction. She cannot accept any job handling money unless her probation officer approves and may have no contact with the victim.
She is to perform 100 hours of community service and may not have contact with the victim.
"You already served 10 days in jail, hopefully, that got your attention. You appear to be remorseful, I hope it's true," Gibbons said.
