People v. Jones

615 N.E.2d 1370, 246 Ill. App. 3d 339, 186 Ill. Dec. 313, 1993 Ill. App. LEXIS 997
Procedural entryThis page is a short order in People v. Jones. Read the opinion of the Court — 215 Ill. App. 3d 652
Appellate Court of Illinois·Decided June 30, 1993·No. No. 4-92-0670·Published

Opinion

JUSTICE LUND

delivered the opinion of the court:

Following a jury trial in the circuit court of Macon County, defendant Phillip R. Jones was convicted of the offenses of theft by deception (Ill. Rev. Stat. 1991, ch. 38, par. 16 — 1(a)(2)(A)) and official misconduct (Ill. Rev. Stat. 1991, ch. 38, par. 33 — 3(c)). He now appeals, claiming the evidence was insufficient to prove him guilty beyond a reasonable doubt. We agree and reverse.

Defendant was a counselor with the Illinois Department of Rehabilitation Services (IDORS). Charges brought against him stemmed from an alleged sale to a Decatur business, California Custom Auto (Custom Auto), of State-owned equipment and a compressor purchased by IDORS for use by one of defendant’s clients who worked for Custom Auto. Defendant allegedly received $1,600 from Custom Auto and failed to turn the money over to the State.

Testimony at defendant’s jury trial was as follows.

State’s Case

John Steven Dolan

Dolan is administrator of field operations for IDORS. He is in charge of 50 offices around the State, with approximately 550 employees. He oversees the spending plan for the vocational rehabilitation program and is involved in formulating policy and the hiring and training of counselors. He has been with IDORS for 21 years. He was a counselor with IDORS at one time for 61/2 years.

The vocational rehabilitation program assists people with disabilities. Counselors such as defendant decide whether people who apply are eligible for the program. They have the responsibility of developing a plan to vocationally rehabilitate them and to see that the plan is carried out. Defendant has been a counselor for about 15 years and works out of the Decatur office.

People’s exhibit No. 1 was identified by Dolan as the case file for Ralph Wilkes, an IDORS client. The file contains documentation of Wilkes’ eligibility, everything that has been done on rehabilitation, and all money spent on Wilkes. Defendant was Wilkes’ counselor. Wilkes was accepted as an IDORS client in March 1990, and his vocational goal was to be an auto-body worker. He received his on-the-job training at Custom Auto in Decatur. As counselor, defendant had authority to authorize purchase of equipment for use by Wilkes and, in fact, did so. The process of making purchases for an IDORS client begins with the completion of an invoice voucher. This document is then sent to the State Comptroller, who causes a check to be issued to the named payee in the amount requested. Vouchers, as well as payee receipts, are kept in the case file.

Dolan identified several vouchers and receipts for items purchased for Wilkes. One was processed on August 13, 1990, for $1,372.14 to Scranton Paint and Auto Body as payee. There was also a receipt in the file from Scranton to Custom Auto for the same amount. Two vouchers to Mathias Body Shop as payee for $1,000 each, processed on September 25, 1990, for a 10-horsepower air compressor were also in the file. One voucher was cancelled on December 11, 1990, and the other changed to show the amount of $2,000, which was approved by an individual named C. Byerly. Over defense counsel’s objection, Dolan testified to circumstances surrounding what happened with cancellation of the one voucher. He stated the computer system processing vouchers will not process a voucher from a counselor for more than $1,000. The original $2,000 authorization for the air compressor had to be divided; it was later consolidated at a higher administrative level into one authorization for $2,000. There was also a receipt in the file dated August 9, 1990, from Mathias for $2,000 for a 10-horsepower air compressor. There were also vouchers in excess of $1,360 for equipment from Sears, Roebuck & Co.

Counselors are allowed to buy tools to benefit a client in his or her training that the client will be able to use on the job following training. For this reason, it is unusual to purchase an air compressor. Counselors usually purchase equipment either before the training program begins or immediately after. The equipment authorized for Wilkes was at the end of the program. It is also very unusual to spend $4,700 for equipment for one client.

Title to the property is in the State and remains there, although it may be assigned to the client after the program ends and it appears he or she is employed and will be able to use the equipment in employment. A form was in Wilkes’ case file which advises clients that property purchased for their benefit belongs to the State unless it is later assigned to them. That form was dated October 16, 1990, was signed by Wilkes, and contains numbers from invoice vouchers used to purchase the equipment. It appears title was never assigned to Wilkes. There is no provision to assign title to the business where the client is working. Counselors are not authorized to transfer any property to the business itself.

Dolan identified case notes in the Wilkes file. One entry was dated August 30,1990, and stated:

“Also issued authorizations to pay for air compressor for training in the amount of $2000.00 (two $1000.00 auths) (owner of Custom Auto is paying 50% of this equipment. We have a statement signed by owner and counselor that equipment being purchased will be reimbursed to [IjDORS in the event that [IjDORS does not have any client there any longer or if the business closes.”

Counselors are not authorized to make such arrangements. According to the records in the case file, the State paid the entire $2,000 for the air compressor. When a business closes or the IDORS client is no longer there, the State confiscates the equipment and attempts to use it for another client. It is taken to the nearest IDORS office, which in this case would be the Decatur office. There are no documents in the Wilkes case file to indicate any equipment was returned there.

Dolan was shown an agreement on IDORS letterhead, signed by defendant and the manager of Custom Auto (Greg Powell), and dated September 26, 1990. That document stated training equipment was being purchased for Wilkes and that IDORS was paying 50% of the cost. It also stated that IDORS would be reimbursed by Custom Auto in the event the business should close or if no IDORS clients were there. Dolan testified that defendant would not have been authorized to make such arrangements, as IDORS pays 100% of the equipment cost.

Two checks drawn on the account of Custom Auto were admitted as People’s exhibit No. 6. They are signed by Greg Powell and made payable to “Phillip R. Jones, Dist. 292.” One check is for $1,000 and has the notation “for equipment”; the other is for $600 with the notation “for compressor” on it. Both are dated September 26, 1990, and defendant’s signature is on the back of the checks in the endorsement area. Dolan testified that caseloads are identified by district numbers and that district No. 292 is where defendant was assigned at the Decatur office. There are no circumstances under which a check should be made payable to a counselor for services provided to a client — it should be made payable to the State or IDORS.

On cross-examination, Dolan testified he is assuming that “Dist.” on the checks stands for “District.” He admitted having no knowledge of what equipment was paid for by the $1,000 check to defendant.

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People v. Jones, 615 N.E.2d 1370, 246 Ill. App. 3d 339, 186 Ill. Dec. 313, 1993 Ill. App. LEXIS 997 (Ill. Ct. App. 1993).

615 N.E.2d 1370 (People v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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