A former Jefferson Middle School cafeteria manager who pleaded guilty to embezzlement has not been making restitution payments after getting what the judge called a “lenient” sentence.
Marquette Magee, 31, of Columbia received non-adjudication, where the felony could be wiped from his record after serving five years probation, and is required to pay $50 per month toward the $2,298 he owes to the Columbia School District plus other fines and fees.
But the state auditor’s annual exceptions report, released this week, says no payments were made for the fiscal year that ended June 30. They were supposed to begin within one month of his guilty plea in September 2017.
Magee embezzled the funds between Aug. 1, 2014, and Oct. 14, 2014, by scanning daily sales reports and pasting in lower amounts than what was actually collected, according to court records. He then submitted the altered documents with the money to the school district central office. An audit uncovered discrepancies between Magee's paperwork and the Lunchbox computer program.
He resigned on Oct. 14, 2014, and the State Auditor’s Office arrested him in April 2016. He could have faced up to 10 years in prison and more than $4,700 in restitution (including interest and investigative costs), but on Sept. 28, 2017, he received a non-adjudicated sentence from Circuit Judge Prentiss Harrell. Terms included:
• Five years probation
• 200 hours of community service
• $1,000 fine and court costs
• $2,298.16 restitution to the Columbia School District
• $91.49 restitution to Keith’s Superstore and $57.10 restitution to Domino’s Pizza for bad checks
• $80 to the DA’s bad check unit and $141 to the circuit clerk
• Paying $75 per month to Community Service Supervision by the 15th District Drug Court and $50 per month toward his fines and restitution
• Writing a three-page paper on the effects of having a felony record in Mississippi
According to a sentencing hearing transcript, Harrell required the essay to show the benefits Magee, who was working then at Cookout in Hattiesburg, was receiving from a non-adjudicated sentence. The judge warned him about paying punctually.
“You’re dodging a major bullet. You’re getting a great lenient sentence. Now, you said you apologize, didn’t you?” Harrell said.
“Yes, sir, I do,” Magee replied.
“Talk is cheap. Let’s see you perform as a useful citizen,” the judge said.
