Charles City woman sentenced after guilty plea on reduced theft charge

By Bob Steenson, bsteenson@charlescitypress.com

A Charles City woman who was accused of participating in taking almost $128,000 from an elderly person’s bank account has been given a deferred judgment after pleading guilty to a significantly reduced charge.

Charmaine R. Carr, age 37, and Sondra B. Newberry, age 65, were both charged with financial exploitation of an older individual over $50,000, first offense, a Class B felony.

Newberry has pleaded not guilty, and her trial in Floyd County District Court is currently scheduled to begin on Jan. 22.

Carr also originally pleaded not guilty, but on Dec. 3 she filed a written Alford Plea of guilty to a charge of theft in the fifth degree, a simple misdemeanor.

Carr was sentenced by District Court Judge Chris Foy on Dec. 9 to probation for one year under the supervision of the Iowa Department of Correctional Services, pecuniary damages to be determined for the benefit of the victim, a civil fine of $105, and “shall cooperate and provide assistance” in the prosecution of Newberry.

She was granted her request for a deferred judgment.

An Alford plea means the defendant agrees that the prosecution has enough evidence to convince a jury of her guilt beyond a reasonable doubt and she will accept sentencing, but she does not admit guilt. The criminal record impact is the same as pleading guilty, and can result in the same sentences.

A deferred judgment in Iowa means the defendant pleads guilty, but the judge defers judgment and sentencing and sets up conditions such as probation that the defendant must meet.

If the defendant successfully completes all the conditions, the judge will dismiss the case and seal the records, meaning the defendant’s public record will not show the charges or a conviction. The court maintains access to the records in case the defendant is charged with a criminal offense in the future.

The judge retains the power to enter a judgment of guilty and impose a sentence if the deferment conditions are not met.

According to criminal complaints filed by the Charles City police, Newberry had financial power of attorney and Carr had financial power of attorney as a successor agent for the alleged victim from the period of January 2020 to December 2023.

“There was around $127,837 in expenditures that were withdrawn from (the person’s) bank account, which was not in support of the victim’s best interest” the complaints against each person say. The alleged victim is identified by initials only.

“There were no records for receipts, disbursements or transfers, either,” the complaint says about the alleged actions.

In October, Carr had filed a motion to dismiss the charges, arguing that the alleged victim had signed a power of attorney to Newberry, and Carr would have that power only if Newberry gave up that role, therefore Carr did not have a fiduciary duty to the alleged victim. The only items she had purchased had been ones that she had received permission to purchase, she said in the motion.

As part of the agreement with the plea of guilty to the reduced charge, Carr also agreed to withdraw her motion to dismiss.