ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, January 17, 1996 TAG: 9601170046
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: S.D. HARRINGTON STAFF WRITER
Former Salem City Councilman and Rescue Squad Chief Garry Lautenschlager will serve out his punishment for embezzling money from the Salem Rescue Squad the same way he spent much of his free time in years past - through community service.
Judge J. Warren Stevens of Newport News, who was appointed to hear the case after local judges disqualified themselves, sentenced Lautenschlager to 10 years in prison Tuesday in Salem Circuit Court. But he suspended the prison time and ordered Lautenschlager to perform 300 hours of community service.
The 23-year rescue squad member also will be on probation for 20 years.
Lautenschlager, 40, pleaded guilty in July to taking more than $20,000 from the Salem Rescue Squad's Wiley Fund during a three-year period that included his first seven months on council.
The special prosecutor for the case, Pittsylvania County Commonwealth's Attorney David Grimes, recommended that Lautenschlager serve some jail time in addition to his community service work.
Grimes argued that while Lautenschlager seemed remorseful in court, he did not confess publicly until after a state police investigation connected him to the missing money.
"We have thousands of dollars that the people have entrusted to the defendant," Grimes said. "If it was a matter of conscience, then conscience would have been starting a long time before the police arrived."
Asked about the judge's decision, Grimes would not comment.
"I'm not going to question his judgment," he said. "Any disappointment would be a personal reaction."
Lautenschlager's attorney, John Gregory Jr., said having a felony conviction will be enough punishment. Gregory unsuccessfully pleaded with the court to take the case under advisement.
"His punishment came outside the courtroom," Gregory said. "The average defendant doesn't suffer nearly as great as this defendant has."
Since his indictment in July, Lautenschlager has lost his seat on City Council and his jobs as executive director of the Western Virginia EMS Council and teacher of an emergency medical technician class. He also has lost his lifetime membership with the Salem Rescue Squad, the highest honor the squad gives.
With the felony conviction, Lautenschlager no longer will be eligible to work as an EMT or teach related classes. After five years, however, he will be allowed to go through EMT training again.
At the time of the sentencing, Lautenschlager had repaid all but $1,800 of the $21,800 he owed. He said he was planning to pay the remainder immediately.
Lautenschlager said he used money from his pension plan and loans from family to pay the restitution.
He is working two part-time jobs to help support his wife and 7-year-old son.
Lautenschlager, who left the court through a back door after the sentencing, could not be reached for comment.
During the sentencing, Lautenschlager occasionally broke down into tears, blotting his face with a handkerchief.
Friends and colleagues vouched for Lautenschlager's character and attested to the thousands of hours he gave to the city of Salem.
Lautenschlager tried to explain why he took the money from the Wiley Fund, which was established in memory of paramedic David Wiley in 1986 to provide scholarships for students going into health professions.
Lautenschlager was the only member of the fund's advisory board authorized to make transactions.
He said that after going through financial hardships, he would transfer money into his personal account with the intention of paying it back later.
But the money he intended to pay back eventually became too much.
"I just continued to do it, and it became overwhelming," Lautenschlager said.
"I regret the decision I made every day when I drive by the rescue squad and by City Hall."
Lautenschlager said he hopes to spend some of his community service sharing his story with other rescue squads to prevent similar incidents.
A recent audit report could keep problems with the Salem Rescue Squad's funds in the public eye, however.
The city-funded audit of all of the rescue squad's books back to 1992, which was requested after the investigation of the Wiley Fund, found more than $12,000 in undocumented squad transactions.
If rescue squad officials cannot find explanations for all of the transactions, they may turn the matter over to state police.
Several of the transactions in question were checks written to Lautenschlager.
LENGTH: Medium: 87 linesby CNB