Oxnard Woman Who Embezzled $30,000 Spared Jail Sentence

An Oxnard woman who admitted embezzling more than $30,000 from her employer over a four-month period does not deserve jail time, a Ventura County Superior Court judge decided Friday.

Although a probation investigator had recommended that Marie Gabrie, 32, serve 120 days in the County Jail, Judge James M. McNally decided to order 500 hours of community service instead. The maximum possible penalty was two years in prison.

“If this system means anything, it means that each case should be decided on its merits,” McNally said. “Otherwise, we’d have a computer do it.” He said he was impressed by the fact that Gabrie had no prior record and had made full restitution.

Deputy Dist. Atty. Roger A. Inman, who supported the 120-day recommendation, said afterward that he understood “the court’s feeling of leniency.” But, he added, “when it’s such a high amount, there should be some other consequences, such as custody time. It’s an issue of what we show the rest of the community.”

Court records say that the thefts started in November, 1989, about two years after Gabrie started work as a bookkeeper at Preferred Glass and Mirror of Conejo Valley, based in Simi Valley. She opened a bank account under a name similar to the company’s and deposited some customers’ payment checks into that account, according to a sentencing report prepared by probation officials.

She then wrote checks on that account for personal use, according to the report. The report said some of the checks were used to pay for the remodeling of Gabrie’s home.

The discrepancies came to light in March, 1990, when a customer noticed that his payment to Preferred Glass had been deposited into the unauthorized account, the report said. Gabrie, claiming money problems, admitted the thefts when confronted by another employee, the report said. She pleaded guilty July 11.

About $10,000 that was in the account when Gabrie was arrested was eventually turned over to Preferred Glass. On Friday, she gave a cashier’s check for $22,982 to her former boss, Preferred Glass owner Alan R. Mak.

“I am truly sorry for what I did,” Gabrie told the judge. “I am asking for sympathy and understanding and forgiveness.” Sobbing, she turned first to Mak, then to her husband and said: “I’m sorry I’ve caused this pain.” Her husband was not charged in the case.

Also asking for leniency was Gabrie’s therapist, C. Edward Crowther of Montecito, who also identified himself as an assistant bishop of the Episcopal Diocese of Los Angeles.

“This is not your run-of-the-mill criminal person,” Crowther said. “I was very, very impressed by her remorse.

“She has been to hell and back. . . . She has paid a very heavy price, far beyond what the court could impose.”

What’s more, he said, Gabrie and her husband sold most of their possessions to make restitution. The couple are trying to conceive a child and a prolonged separation would interfere with Gabrie’s fertility treatments, he said.

Prosecutor Inman said Gabrie’s remorse and restitution had been factored into the probation department’s recommendation of a 120-day jail sentence, which he described as “extremely fair.”

“There must be some punishment in addition to the internal suffering of this defendant,” Inman said.

Mak could not be reached for comment afterward, but he told the probation investigators that he wanted Gabrie to serve time in jail. He said the cash shortfalls had seriously harmed his business.

In addition to the 500 hours of community service, McNally placed Gabrie on five years probation and ordered her to continue to receive psychological treatment. She may not accept a job as a bookkeeper or accountant without advising the employer of her criminal history.

Gabrie thanked the judge and said: “I won’t let you down.”

Crowther said afterward that he was pleased that McNally “showed a quality of understanding and saw there were special circumstances.”

As for the prosecutor’s concern about sending the wrong message, Crowther said: “This sends a message that judges are prepared to look at individual people as individual cases. It sends a message that the quality of mercy is not strained. It’s a wonderful message.”