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Nichols receives nine-year sentence

Tuesday, July 21, 2009

The former deputy director of the Bedford County Emergency Management Agency was sentenced to nine years in prison on embezzlement charges, but not before making some accusations of his own.

And before Eugene Nichols was taken into custody, a judge had already revoked his bond and issued a warrant for his arrest after he failed to appear for his sentencing hearing.

Nichols pleaded guilty in May to embezzling more than $60,000 from county coffers and had been scheduled to be sentenced Monday.

However, Judge Robert Crigler was given a note 15 minutes before court began from defense attorney Richard Dugger stating that Nichols had suffered a heart attack and would not be in court that day.

Assistant District Attorney Mike Randles told Crigler he had encountered Dugger on Friday, who told him that Nichols was in a Nashville hospital.

Crigler then issued a warrant for Nichols' arrest and also revoked his $75,000 bond.

But an hour and a half after he was scheduled to be sentenced, Nichols appeared in the courtroom and Crigler was able to hold the hearing, sending him to state prison for nine years and ordering him to pay restitution of $60,000.

Nichols had suffered a heart attack last week, Dugger told the T-G, but a document from his doctor presented in court on Monday said that he was ready to return to work that day.

Randles also said that the investigation into embezzlement at the county EMA has been concluded.

Accusations

Before he was taken into custody, Nichols entered a written statement into the record for his pre-sentence report, asking investigators to look into the actions of others involved with the county EMA.

Nichols apologized "to the citizens of Bedford County that I have disappointed by my actions."

But while he also wrote that he has hurt those he "loved serving," Nichols stated "it is also with great sadness that I must further state here actions of others that too have hurt and taken away things from the citizens of Bedford County."

Saying his job was deputy director, Nichols wrote that "I was not nor ever claim to be a bookkeeper," but did so because no one assumed the responsibility to pay the bills or purchase items.

Nichols said that the agency "was and is filled with misuse and miss appropriation (sic) of the funds it was given by the county."

He asked the state to "look into the misuse of funds by former director Aaron Womble," which he claims he brought to the attention of former county mayor Jimmy Woodson in 2003.

"He further used funds to pay for parts of his own vehicle and that of his daughter and purchased fuel for said vehicles," Nichols wrote, adding he was a volunteer for EMA at the time and did not work for Womble.

Another request by Nichols asked for officials to examine the records of interim director Kester Smith, claiming that "numerous checks were cashed by me and the funds were used for the benefit of Mr. Smith."

Nichols claimed that the practice was "commonplace and continued when the current director (Scott Johnson) took office."

"Several vehicles, generators and boats were placed with Mr. Smith for care that were either scraped or have disappeared," Nichols wrote, adding that Smith approved all purchases and checks that were written or cashed.

Finally, Nichols asked that the state examine Johnson's records, stating that "funds were converted into cash and/or other means for his use by me. Mr. Johnson approved all purchases checks written and cashed."

"The current director being a former investigator for purchasing fraud instructed me on what to place in and how to alter the financial records for audit," Nichols claimed in his statement. "My refusal to change and/or alter and submit the financial records for 2006/2007 resulted in my termination and the investigation and charges as a result."

The charges

When reached for comment, Smith said that it was a matter of public record that the items Nichols referred to were declared surplus and that a check was deposited by Nichols. Smith produced the check in question Tuesday morning, along with a deposit slip.

Smith added that he and Aaron Womble, who died in February of this year, frequently provided equipment for EMA "out of our own pocket."

Johnson told the T-G Tuesday morning that the accusation made by Nichols "were obviously not true."

The TBI investigated the matter, Johnson said, saying that they "looked at everything back to the year 2003."

"It's the bitten dog that yells the loudest," Johnson said. "He did plead guilty (to the charges.) We're the ones that discovered it. We brought it to the DA's attention."

The 70-count indictment against Nichols accused him of diverting a total of $117,000 in funds from the county's Emergency Management Agency to a personal account over a period of several years.

In late May, he made an open plea of guilty to a single count of theft over $60,000 -- a Class B felony that carries as much as an eight- to 30-year sentence.

The remainder of the charges -- 38 counts of theft from $1,000 to $10,000; two counts of theft between $500 and $1,000; two counts of theft under $500; one count of theft between $10,000 and $60,000; and 26 counts of forgery -- were all dismissed.

The investigation into the embezzlement was conducted by the state comptroller's office, and the Tennessee Bureau of Investigation assisted with the matter.

Last August, the case was brought to the comptroller's office's attention by Bedford County Finance Director Robert Daniel. Once the comptroller's office made its findings, the evidence was handed over to District Attorney Chuck Crawford.

"Under all of the circumstances, I think the sentence was fair," Dugger said. He added that Nichols would appeal the sentence, since it is his automatic right.

"Given all the factors and the presentation of everything that was before the court, I think Judge Crigler made a reasonable decision," Dugger said. "You play, you pay, that the best way I can explain it."


Comments
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Wouldn't it be nice if whenever we messed up our life we could simply press 'Ctrl Alt Delete' and start all over? AMEN, AMEN !!

-- Posted by shockedtoo on Tue, Jul 21, 2009, at 12:13 PM

Sad about all this, Eugene is right.. wounded dog?? NO Way..Hurt ... yes. I still stand that he is and was the fall guy... Trust our county Government..NO SIR. You could wind up in Jail too.

-- Posted by angelseverywhere on Tue, Jul 21, 2009, at 12:29 PM

Its a shame Nichols did not have qualified legal representation. From the comments made by his attorney, I question if Nichols was sold out ("Nichols would appeal the sentence, since it is his automatic right/You play, you pay, that the best way I can explain it.") If the attorney had done a quality investigation, would he not have at least questioned Nichols's roomate of 22 years?

Does it make any since for Nichols to be sentenced for 9 years and the court expect him to pay back $60,000 dollars? The tax payers got cheated. Twice...

-- Posted by tncamper on Tue, Jul 21, 2009, at 3:52 PM

i am sure the attorney got paid all right. somebody look at the EMA check book now... oh thats right...... who did they get to cash that check ?

-- Posted by angelseverywhere on Tue, Jul 21, 2009, at 4:30 PM

Mr. Nichols is finally having to pay for his crime. He has done this before and not been held accountable (with the exception of his previous conviction). It's a shame he can't just man up for once and take responsibility for his actions without trying to blame others. I'm sure Mr. Dugger thinks his sentence was fair because it really could and should have been tougher since this is his second conviction. I commend those who took a stand and pursued the investigation. That takes a lot of guts especially since Mr. Nichols has such a reputation for being vindictive and has been to employers who have fired him in the past.

-- Posted by majo on Tue, Jul 21, 2009, at 8:48 PM

I personally know Mr. Nichols and he is one of the kindess, gentle, HONEST persons I have ever met. I have every reason to believe that EMA set him up as the fall guy. These people have done things like this before and will again. Look into the accusations Eugene made and there you will find the true criminals. Let us all pray for Eugene and that he finally gets a fair and HONEST trial.

-- Posted by jonnysplitz on Tue, Jul 21, 2009, at 9:29 PM

I am a personal and good friend of Mr. Nichols. He is a very honest and trusting man. He fell for these people's tricks and lies and then when he would not play their game anymore they plow him over and try and ruin the one person who could ruin them. This whole thing is a fix and WE THE PEOPLE should not stand for this from our government. I personally vowe to find a way to prove his innocence, because they know that he is in fact INNOCENT and the truth will come out one way or another.

-- Posted by jonnysplitz on Tue, Jul 21, 2009, at 9:33 PM

Good. Don't care what his friends say, you don't accidentally get caught up in stealing $117,000. And for him to accuse a deceased man just shows what a lowlife he really is. Aaron Womble was a good man and Nichols should be ashamed for his words and actions.

-- Posted by sameoldstory on Tue, Jul 21, 2009, at 9:57 PM

Obviously your opinion of Mr. Womble is from your friendship with him. Do you know from factual evidence that this man did not do what Mr. Nichols claims, BTW HE HAS BEEN SAYING THIS SINCE SEPTEMBER OF LAST YEAR WHEN Womble was still alive.

-- Posted by jonnysplitz on Tue, Jul 21, 2009, at 11:24 PM

Even more proof of Mr Nichols innocence is the fact that if he had done this he would have had something to show for it. He would have nice cars, nice homes, and other expensive material belongings, which at the time of his arrest he had none of the above and has not had to the extent that such money would allow a person to have. What happend to the money?

-- Posted by jonnysplitz on Tue, Jul 21, 2009, at 11:33 PM

johnnysplitiz - hopefully you aren't one of those "good friends" that gave him money for his defense. If so I hope it isn't money you need or expect to see again. If so get in line there are many others in your boat. Also I hope you didn't give him money not knowing he had stolen before and been convicted. If he didn't tell you this he lied to you also. I know it hurts when friends lie to you and take advantage of your friendship. Yes you all are right about one thing - Eugene has a very nice side to him. Appears to be very caring and generous. Has done many nice and caring things for people. Then again don't most con artist. There are two sides to this man that is why he got by with stealing for so long. I actually think he initially stole with the intent to put it back but just got in over his head. His lies started catching up with him and he lost track of what was true and what wasn't. He may have started believing some of his lies. He actually stole from people who tried to help him. Sain people don't do that. As for "where is all the stuff" He had a very expensive habit which if you are one of his friend you know about - He also had alot of stuff - more than you would expect he could afford on his salary - he had to pay for it some how but when he bought so much and couldn't pay (or steal fast enough) he had to start selling it or it got repossessed. I also know him very well and at one time considered him a friend. Fortunately I soon realized something wasn't right. If you are around him enough you realize his stories change and he can't remember what he told to who. I initially felt sorry for him because I don't think his intent was to go down the path that he did. I think he wanted it to be a temporay fix for a problem but he got carried away and in over his head. I stopped feeling sorry for him when he was not able to face what he had done and started trying to blame others for his actions. It's like a child on the play ground only with larger consequences.

-- Posted by majo on Wed, Jul 22, 2009, at 7:46 AM

Moja....I am sitting here talking with his roommate of 22 years, they lived from pay check to pay check, and everything they had was financed at Midstate Finance. The only expensive habit he had, what he dedicated his life to, was helping other people.

As far as his prior conviction, have you yourself or any of your family members bounced a check? His prior conviction as you call it was 23 years ago, and he paid back the money on the bad check he wrote.

Apparently you think you know something. The accusations need to be investigated. Before Nichols, the EMA/Civil Defense was a joke, ask anyone that worked in the Com Center back then.

Also, Nichols was not a CPA, every check and every budget had to be approved by his superiors.

-- Posted by tncamper on Wed, Jul 22, 2009, at 10:22 AM

The accusations were investiated and it a matter of public record. He was a convicted felon before he worked for Bedford County. That's a lot of bad checks! You are also correct in that Mr. Nichols did work hard for ema no one would deny that but that does not give him the right to steal from them. He did it he admitted it and was convicted. He got a much lighter sentence than he could have gotten so he was lucky. I hope when he gets out he will be able to move on. I'm sure since you know him so well you know he has stolen from other agencies but they did not prosecute. If he had decided to go to trial this would have all come out so he was wise to take his attorney's advice and settle.

-- Posted by majo on Wed, Jul 22, 2009, at 11:12 AM

I don't know him and probably am better off for it, but my question is , WHY is our county allowing individuals with no experience in budgeting or administration to handle this kind of job and have access to money, enough that 60,000. can go missing and no one is aware of it? Every week we can trace why our county budget is in such a mess. One week you can write off 250,000 in bad debt from the Nursing home,the next week 60,000 is missing from a jack-leg agency which sounds like a social club for misfits, and the Lord only knows how many more people are pilfering money from the County coffers. The buck always stops at the top, so it seems to me that the people who are responsible for hiring,doing background checks on employees, and for doing periodic evaluations is also slacking. When this type of misuse and crime occurs in government the offender and their supervisors should be held accountable. Until we have more accountability in government, we will continue to see this kind of activity, and the only people it really hurts is the taxpayer.

-- Posted by writeattitude on Wed, Jul 22, 2009, at 11:55 AM

In this case the supervisors are the once that brought it to the attention of the finance director. Yes you are right hopefully the county will learn a lesson from this and do background checks on all employees before hiring them.

-- Posted by majo on Wed, Jul 22, 2009, at 2:16 PM

Dont hate the player, hate the game. the game changed when Robert Daniels took over. All of a sudden , each dept is accountable...But when you put your trust in the wrong people, you always lose. i dont understand how his boss claims to be totally ignorant in all this. How can that much money disappear without someone knowing. it has to be approved before a check can be written.How does that much money in a controlled enviornment go unnoticed until the books get audited..... pleaseeeeeee i dont know,maybe i was born yesterday

-- Posted by angelseverywhere on Wed, Jul 22, 2009, at 2:52 PM

One more comment....what you are telling me is a felon, can vote at every election, and run for county commissioner, as well as work with the Sheriffs dept.?

-- Posted by tncamper on Wed, Jul 22, 2009, at 3:15 PM

It is simply AMAZING that those who have commented and claim to "know him" and state he is an "honest" man and his appeal should be an "honest trial".

WAKE UP!

If you say you know him and really do then you should know what he is capable of and what he has already done. He has already been convicted of theft before and served time for it. Granted, I believe this event occurred with his personal check book, but it is still theft. This chain of events almost killed his parents in their defense of him and trying to "save him". I have to admit that I thought this had changed him, but I guess even I was wrong.

The evidence and the facts do not lie. What was presented in trial had to proven without a doubt he was guilty or he would not have been convicted. Heck, he even pled guilty himself this time.

-- Posted by ghostrider on Thu, Jul 23, 2009, at 1:34 AM

Remember forgery was one of his crimes (many counts) . Read the investigative reports it's a matter of pulic record. This will answer many of your questions. Yes he was a felon - no he did not work with the Sheriff's dept. even though he tried. He did/tried to do a lot of things convicted felon's aren't supposed to do and those charges are still out there - I guess we'll see what happens with that.

-- Posted by majo on Thu, Jul 23, 2009, at 6:52 AM

Nice deletion of the facts...

-- Posted by Evil Monkey on Thu, Jul 23, 2009, at 11:18 AM

Amen Shocked I knew Mr. Womble and his family you could never meet a nicer bunch we never know whats going on in someones life BUT!!!! facts speak for themselves on Scott all we can do is pray for our city that things get better for EMA

-- Posted by wanderingme on Fri, Jul 24, 2009, at 2:48 PM

Isn't it funny that not a one of these blogs have the name of the director in it? Are the T_G staff deleting those or is just nobody bringing up his name in all this?

-- Posted by MSK on Mon, Jul 27, 2009, at 10:42 AM

MSK yes.

-- Posted by Evil Monkey on Mon, Jul 27, 2009, at 11:06 AM

All I am saying is how do you take that much and the director not know?

-- Posted by MSK on Mon, Jul 27, 2009, at 1:22 PM

maybe they wanted to make an example out of him,did anyone ever think of that???? especially seeing how he admitted to forging signatures on the checks. so do not blame the attorney, blame Eugene for himself. He did what he did now he will have to pay for it. Funny old world isn't it!!!!

-- Posted by know_what_your_talking_about on Mon, Jul 27, 2009, at 5:00 PM


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