Former Bradenton Housing Authority employee pleads guilty to theft charge; agrees to testify against new husband
TAMPA -- Former Bradenton Housing Authority projects director Stephany West made her first court appearance Friday and pleaded guilty to a theft charge related to her tenure at the agency.
When District Judge Anthony Porcelli asked her to state her name for the record, she became confused.
"Which one?" she asked.
West, aka Stephanie Shaw, is now Stephany DeSue, after informing the court that she married former BHA executive director Wenston DeSue on Wednesday.
During Friday's proceedings, Assistant U.S. Attorney Jennifer Peresie said West's new marital status will have no impact on her a plea agreement, under which West has agreed "to testify against Wenston DeSue."
The government said the theft charge was filed after an investigation found that West received salary and other payments for work she actually did not perfom while the projects director at the BHA
DeSue and West were fired from the Housing Authority in September 2013, after federal agents raided BHA offices as part of their investigation of possible mismanagement. The pair were romantically involved during West's employment.
No charges have been filed against DeSue, but the government brought charges of theft against West in late-February.
Current BHA Executive Director Ellis Mitchell Jr., who has experience with federal investigations of housing authorities, speculated that West being charged prior to DeSue was because West's case would be easier to prosecute.
Although she signed a plea agreement admitting to the charge, Friday was West's first court appearance when she officially entered a guilty plea.
West arrived early for her hearing and appeared jovial as she and her defense attorney, Brett McIntosh, shared some laughs outside of the courtroom,
But inside, West was subdued and emotional. She spent much of the hearing in tears from the point of surrendering her passport to the court to leaving the building.
At one point, Judge Porcelli began to explain the constitutional rights she would no longer have as a convicted felon, and West had to excuse herself from the courtroom as she burst into tears.
She pleaded guilty to one count of felony theft. Under the plea agreement, West will have to cooperate in other related investigations, accept responsibility for her actions and pay restitution in the amount of $104,550 to the U.S. Department of Housing and Urban Development.
Prosecutors agreed not to file additional charges against West.
Porcelli said that his responsibility in the case was to determine if West was capable of understanding the charges against her, noting at the end of the hearing that his recommendation would be that Judge Susan Bucklew, who will pass sentence on West, accept her plea. Porcelli, at the recommendation of the government, set a $10,000 signature bond until West's sentencing, which will take place within the next 70-90 days.
A signature bond means that West does not have to put down any funds, but will forfeit those funds if she violates the condition of her bond, which includes no traveling outside of the continental U.S., no criminal activity and no retaliation against victims, witnesses or informants in relation to her case.
Before accepting West's plea, Peresie laid out the government's case, saying the investigation using video surveillance, witness statements, seized computer information and tracking of West's car via a GPS tracking device found that West accepted pay and benefits for time worked when she was, in fact, not working.
Peresie said West was "routinely and significantly" absent from work and during those time periods did not submit a leave slip as required by federal law for time not worked. She said West and DeSue often spent time together outside of BHA business, to include trips to Jamaica and Washington D.C. The couple also left work early for drinks and went to the movies together, all while billing the federal government for time worked.
West also is said to have run personal errands, got massages, arrived late for work, left early from work "and some days failed to show up at all."
From 2010-12, West was absent from work 25 percent of the time. From September 2012 through September 2013, West was absent 50 percent of the time, and yet collected pay and bonuses, as well as cashed in sick time for the time she claimed to be at work and was not. Peresie said at a $70,000 annual salary, West "stole" $73,783 in salary over the three-year period and more than $30,000 by cashing in sick and vacation time she did not legally earn.
Still in tears, West said the facts of the case were true in entering her guilty plea.
Peresie declined comment on the West case and even though DeSue was mentioned twice during the proceedings, said there is no official comment on the DeSue investigation.
McIntosh also declined to comment on the case until after West's sentencing.
Mark Young, Herald urban affairs reporter, can be reached at 941-745-7041 or follow him on Twitter @urbanmark2014.
This story was originally published March 21, 2015 at 12:00 AM with the headline "Former Bradenton Housing Authority employee pleads guilty to theft charge; agrees to testify against new husband."