Man pleads guilty to embezzlement
October 18, 2006
A 23-year-old Portales man signed a plea agreement last week in connection with the theft in March of more than $600,000 from an armored car service that employed him, according to court documents filed in 9th Judicial District Court in Portales.
According to 9th Judicial District Attorney Matt Chandler, Scott Kirby agreed to turn himself over to authorities Friday and will be sent to the New Mexico state penitentiary for a 60-day evaluation prior to sentencing.
According to court documents, the maximum sentence on the charge of embezzlement over $20,000 is nine years. The agreement stipulates that other charges, including two counts of receiving stolen property, will be dropped.
The plea agreement also orders restitution but does not give a specific dollar amount.
Kirby, who is out on bond, was scheduled for a jury trial today.
Chandler felt the reason for Kirby’s plea was because of the defense’s realization of the case the district had against him.
“Officers and agents of the FBI put together a rock-solid case,” Chandler said.
A second defendant in the case Chris Adcox, 21, of Clovis has resolved charges against him, according to Chandler. A third defendant arrested on unrelated charges in Arizona will face charges here upon his release in Arizona.
“I think this wraps up this case,” Chandler said.
Attempts to contact Kirby were unsuccessful. His attorney, Michael Garrett of Clovis, declined to comment on the case.
Kirby, who worked for Respond Inc., turned himself in March 6 to authorities.
Chandler said area businesses, including Wal-Mart in Clovis and Portales and Chili’s and Applebee’s restaurants in Clovis, used the armored car service to transfer money to banks.
Police said they recovered $242,342 from Kirby and a black duffle bag at his residence.
Authorities also recovered $19,600 from a field south of Melrose, where Adcox was working applying fertilizer at the time of his arrest, court documents show.
Chandler said earlier that law enforcement officials have reason to believe remaining funds in the form of checks may have been destroyed.
Adcox also told authorities he witnesses Kirby throw a large amount of checks in a dumpster in an alley in northwest Clovis.