Archive for Thursday, August 6, 2009

Archive for Thursday, August 6, 2009

Andrea Luker pleads guilty to theft, refusal to permit inspection

August 6, 2009

A Craig day care operator, charged with seven felonies in connection with an alleged fraud of Moffat County Social Services, agreed to a plea deal Tuesday in Moffat County District Court.

Andrea Luker, 39, co-owner and operator of Bear Valley Child Learning Center, was charged with theft between $1,000 and $20,000, a Class 4 felony; six counts of forgery, a Class 5 felony; and refusal to permit inspection, a petty offense 1.

The petty offense charge was added Tuesday, according to court records, when Luker pleaded guilty to the theft charge and the refusal to permit inspection petty offense.

The other charges were dismissed.

According to an arrest warrant affidavit, Luker falsely reported dates she cared for the children of Social Services' clients, which inflated the amount of money she was owed.

Luker shared ownership in the child center with her husband, Alvin Luker, a Craig Police Department officer.

Alvin Luker was not charged in the case, and there are no plans to file charges, prosecutors said.

Under terms of the plea agreement, Luker's plea offer is withdrawn if she commits a new crime or fails to appear for court dates before sentencing.

It also stipulates that Luker cannot contest the restitution amount prosecutors will request, provided it is not more than $1,618.

Another term of the plea agreement is that Luker will not be sentenced to jail, provided she does not have a prior felony conviction or deferred judgment sentence on her record.

She will also be subject to supervised probation and be required to work 200 hours community service, make a $1,000 charitable contribution to the Offenders Fund, pay court costs and comply with any other terms recommended by the Moffat County Probation Department.

On Tuesday, Judge Shelley Hill accepted terms of the plea agreement and ordered that a pre-sentence report for Luker be prepared. She is scheduled to be sentenced at 1 p.m. Oct. 5.

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