Former Montgomery County officer found guilty of felony theft
Tuesday, December 28, 2010; 1:47 AM
A former Montgomery County police sergeant was found guilty of felony theft Monday for falsifying her timecard and getting paid for days she didn't work.
Jacqueline Davey, 39, of Bowie joined the department in July 1993 and most recently worked as a patrol supervisor, officials said. Authorities identified 22 days for which Davey logged hours on her timecard but for which there was no sign that she was on the job, prosecutors said.
Under an agreement with Montgomery prosecutors that was approved by Judge Thomas L. Craven, Davey was sentenced to probation before judgment. The terms of her probation called for her to pay the county $5,000 in restitution, and she delivered a certified check Monday. As part of the agreement, she will not have a theft conviction on her record.
During a hearing in Montgomery Circuit Court, Assistant State's Attorney Bryan Roslund said that a supervisor had noticed problems with Davey's timecard in 2009 and that an investigation was launched.
In one instance, Roslund said, Davey did not report for a scheduled shift Oct. 25, 2009, yet her timecard showed she had logged 10 hours. Another time, he said, Davey was given permission to take leave on a Tuesday morning for another job, but her timecard showed a 10-hour workday.
Roslund said police checked Davey's computer account, department cellphone records and door access card, among other documents, to determine whether she was working. They found at least 22 occasions between April 1, 2008, and Nov. 30, 2009, when she said she had worked but didn't.
Roslund said the pay Davey received for hours not worked wasn't the only benefit; she also accumulated annual leave and sick-leave hours.
"This unused sick leave would have been added to the defendant's years of service, allowing her to retire earlier than if she had used sick leave on the days she did not work," Roslund said in court. "By not using annual leave on the days in question, the defendant stood to get a larger payout check when she retired."
Davey, who pleaded not guilty, said she did not agree with the account presented by prosecutors. But she agreed that if a jury heard the state's evidence, it could find her guilty.
"She agrees that's what the state would have produced," her attorney, Paul Stein, said in court. "She does not agree to those facts."
Craven found that there was sufficient evidence to prove guilt.