Politics & Government

Ex-Mayor Dumas Sentenced in Metal Theft Case

The former St. Clair Shores mayor received no jail time as a result of the plea.

Former St. Clair Shores was sentenced Wednesday to probation by Macomb County Circuit Court Judge Peter Maceroni on charges that he misused city funds during his tenure as the city's department of public works (DPW) director.

Dumas pleaded guilty in December to a charge of misconduct in office for mishandling city funds while DPW director.

"I never took any money for personal use. I am responsible for terrible record keeping. For that I believe I have paid both financially, emotionally and physically over the past year," Dumas said as he addressed the court prior to sentencing. "I ask for your mercy and will accept whatever punishment you find appropriate."

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Prior to the sentencing Dumas paid back $18,619 in restitution for funds that could not be accounted for from the sale of scrap metal, funds paid to the city during his tenure as DPW director. Dumas said that money was used for items including staff parties and baseball tickets.

Dumas will have a delayed sentence and a review hearing on Feb. 8, 2012, and he could have the five-year felony reduced to failure of safekeeping of public funds after the probationary period.

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He was originally charged with embezzlement by a public official and safekeeping of public funds for allegedly embezzling city funds from the sale of scrap metal while DPW director. Had the plea deal not been accepted and he was convicted of the original charges, he could have faced up to 10 years in prison.

Dumas, 53, served nine years as mayor and stepped down in 2004 to become the DPW director. He resigned in January 2010 from his job when the allegations of missing money were first made public.

Former Shores councilwoman Erin Stahl was allowed to address to the court prior to sentencing, and alleged that Dumas used his influence to obtain his plea.

"Even if you have powerful friends you should go to jail and not get probation. I believe the plea deal of probation was wrongfully done especially because of Curt Dumas' position and connections and influence in Macomb County," said Stahl, one of two city residents allowed to speak at the sentencing. "I don't believe Eric Smith as the Macomb County prosecutor should have ever allowed a plea deal."

Both defense and prosecution, along with the judge, took exception to Stahl's comment. Maceroni also confiscated a handheld video recorder Stahl was using to record the proceedings and ordered that she not disseminate any video she recorded of the sentencing.

"My client did not steal. He did not lie, he did not violate the public trust," Brian Legghio said. "The Macomb County Prosecutor's Office, and this prosecutor in particular, are zealous prosecutors. If they could have made their case that my client took money and used it personally, they would not have hesitated to bring this to trial."

Legghio said there is no proof that Dumas took money or used it personally and added that there was nothing in the record that showed his client used his influence to get a favorable plea.

Assistant prosecutor Sian Hengeveld echoed Legghio's statements.

"There were no political back dealings here and honestly I find it extremely objectionable that Ms. Stahl would make the comment that Mr. Dumas was given favorable treatment because of his prior political position in the county," she said. "Our office does not operate that way. Mr. Smith does not operate that way."

Former city clerk Jack Fields also addressed the court, but was supportive of Dumas.

"I have seen many great things he has done for the community," said Fields. "I don't know too many people who have given as much as Curt Dumas has to the community.

"This punishment for what has transpired already has been sufficient. It is an anomaly. It shocked everyone who knew Curt," he added.

Maceroni also acknowledged the receipt of a and members of the Shores Taxpayers and Residents Against Waste (STRAW), and a former council member asked the judge to reconsider the plea.

Maceroni stated that he "does not have the authority" to set aside the plea, and in his 20 years on the bench, has only sent one person to jail for embezzlement.

"The prime purpose in any embezzlement case is to get restitution," Maceroni said.

He added that he is only allocated a certain number of beds in the Macomb County Jail, and he uses his for the hardest of criminals.

"Incarceration for my bed allocation is saved for rapists, armed robbers and people who go out and drunk drive and kill people," said Maceroni.


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