Convicted embezzler Lori McVicar will be in court Wednesday for her probation violation hearing, and she might have another plan to help fully pay back the more than $15,000 she still owes to Rod Kelley Elementary School.
Deputy District Attorney Kathy Storton told the Dispatch that McVicar “claims she can now pay $500 a month” to the Gilroy elementary school, where the former parent club treasurer stole $54,533.39 by forging checks intended for library books and playground equipment more than a decade ago.
“The court may say let’s put your money where your mouth is,” said Storton, adding there are many options the judge can hand down, including possible jail time, termination of probation, or a third probation term with monthly restitution payments regulated by the court.
“I can’t tell you what is going to happen,” she concluded.
McVicar, 48, who was convicted of grand theft and forgery in 2002, is scheduled to appear at 9 a.m. Wednesday in dept. 29 of the Hall of Justice in San Jose.
At that time, judge Rene Navarro will determine the consequences of McVicar for failing to continue to make restitution payments to Rod Kelley School, a violation of the terms of her probation.
California Penal Code 1203.3 states that a judge has the discretion to order the early termination of probation “in the interests of justice.” However, McVicar has not yet successfully completed the terms of her probation, since she has failed to pay the restitution. A judge can still grant early termination if it is deemed that being on probation is causing a hardship such as preventing them from obtaining gainful employment, according to the penal code.
In 2007, McVicar submitted her own payment plan to the court. She was in court in May because she violated her probation a second time by failing to comply with that restitution payment plan. She is supposed to make monthly payments at increased increments until the total balance is paid off.
But that hasn’t happened, Storton said.
Since being deemed in violation by the Department of Probation, McVicar did make a $310 payment on April 2. The payments are supposed to be made to the Santa Clara County Department of Revenue, which in turn disperses the validated funds back to Rod Kelley.
McVicar was expected to pay a total of $2,485 in monthly payments beginning September 18, 2012 and has only made $1,125 – falling behind by $1,360, according to the DA’s office.
When McVicar appeared in court back in July 2007, she made a $3,200 payment – her largest since giving back roughly $24,000 of the sum after being convicted. When she submitted her payment plan, she was expected to pay $100 per month through 2007, then $150 per month until mid-2008, then $200 per month until September 2008, where she would finish out paying the total sum with $280 payments until there was a zero balance.
