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Two people sentenced in grand theft from support program
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By Cathy Locke
clocke@sacbee.com
Published: Monday, Jul. 19, 2010 - 6:04 pm
Last Modified: Monday, Jul. 19, 2010 - 6:43 pm
Two people have been sentenced to prison or time in Sacramento County Jail after pleading no contest to grand theft from the In Home Supportive Services program.
According to the Sacramento County District Attorney's Office, Larry Donelly Beverly, 53, of Antelope provided false information to qualify for 24-hour in-home care. But after admission to the program, he negotiated the purchase of several expensive vehicles without assistance and operated a barbecue business, selling food at Grant High School sporting events.
The loss to the In Home Supportive Services program based on Beverly's theft between March 1, 2003, and May 31, 2008, totaled $141,689, according to a District Attorney's Office news release. The participation of his co-defendant, Deborah Denise Davenport, 42, led to the loss of $50,253 of that loss.
Superior Court Judge Trena Burger-Plavan sentenced Beverly to 16 months in state prison, and Davenport to 240 days in county jail and five years probation. Both were ordered to pay restitution to the In Home Supportive Services program.
The statewide In Home Supportive Services program is designed to provide services to income-eligible people who are blind, elderly or disabled who would be unable to remain safely in their own homes without assistance.
Authorized services include food shopping and preparation, cleaning, personal care needs and accompaniment to medical appointments. The highest level of service is for people who are confused, mentally impaired or mentally ill and is available only if around-the-clock supervision is needed for people to remain safely in their home. Once admitted to the program, IHSS recipients may select their own care provider, which can be a friend, spouse or family member.
The District Attorney's Office in a news release gave this account of Beverly and Davenport's activities:
Beverly gained admission to the program through false claims that he needed assistance with almost all aspects of his daily life, such as getting in and our of bed, using the bathroom, bathing, dressing, shopping, cooking, feeding himself and doing laundry.
His care providers, including Deborah Davenport, his live-in girlfriend, made repeated claims to IHSS social workers in Beverly's presence that he could not drive, communicate with strangers, sign his own name, be in public or attend medical appointments alone. They described him as "nearly mute" and claimed that if left alone, he would wander off and not be able to find his way home. Based on those claims, he was admitted to the program and later granted protective supervision.
Beverly, however, was able to do all of the things that he, his family and Davenport claimed he couldn't do. Less them two months after being granted protective supervision, he negotiated the purchase of a Cadillac Deville by himself, made a $6,000 cash down payment and financed the remaining $16,000 purchase price. Less than a year later, he negotiated for and purchased another Cadillac for $12,000. He also negotiated the purchase of a Cadillac Escalade for $35,777 and made four cash payments totaling $11,000.
All three vehicles were registered in Beverly's name, and during the course of the investigation, he was repeatedly videotaped driving by himself, as well as driving Davenport's child to elementary school, officials said.
He received traffic citations and appeared in traffic court without assistance, completed traffic school unassisted and performed community service to satisfy the traffic sentences.
Beverly also operated a barbecue business and was videotaped during the investigation cooking and communicating easily with strangers. He and Davenport worked together cooking and selling barbecued food at Grant High School games during the 2008 and 2009 football seasons. Beverly also is a co-owner of a barbecue restaurant on Marysville Boulevard, the news release said.
At a preliminary hearing in the case, Beverly's Social Security payee testified that Beverly called him every month to make arrangements to meet at the payee's bank, where Beverly gave him IHSS pay checks to cash. The payee cashed the checks and gave all the money directly to Beverly.
© Copyright The Sacramento Bee. All rights reserved.
Read more: http://www.sacbee.com/2010/07/19/2900995/two-people-sentenced-in-grand.html#ixzz0uCEhp09N
Posts: 2968 | From: Natomas | Registered: May 2007
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