Saturday, October 25, 2008
By Tommy Witherspoon
Tribune-Herald staff writer
Margaret Mills no longer faces the possibility of spending the rest of her life in prison after special prosecutors from the state attorney general’s office whittled down her multicount felony theft indictment in a plea agreement that decreased her crime to a third-degree felony.
Mills, 67, former executive director of Downtown Waco Inc., pleaded guilty Friday to aggregated theft of about $99,500 from the agency she headed for 18 years. She will ask a McLennan County jury to place her on probation at a sentencing trial beginning Nov. 3.
The plea agreement caught most courthouse officials, including 54th State District Judge Matt Johnson, by surprise.
Video: Scenes from the courtroom as Margaret Mills' attorney discusses the plea deal
Photos: Oct. 25 guilty plea
> TIMELINE: Downtown Waco scandal
Read the specific allegations filed by the state attorney general's office
Margaret Mills avoids media gauntlet at Sept. 3 hearing
Johnson had scheduled a pretrial hearing in Mills’ case and was expecting to revisit another request from Mills’ attorneys, Rick Bostwick and Pat Beard, to move her trial to another county because of publicity about her case.
However, before the hearing started, Mills’ attorneys and assistant state attorneys general David S. Glickler and Harry E. White, who are handling Mills’ prosecution, asked to meet with the judge.
When they emerged from Johnson’s office about 10 minutes later, Glickler announced that he was prepared to abandon 63 counts in the 116-count indictment, effectively slicing the amount that had been alleged that Mills misappropriated from Downtown Waco Inc. funds from $211,000 to less than $100,000. That also dropped the felony charges from first-degree, punishable by up to life in prison, to third-degree, with a maximum penalty of 10 years in prison.
Mills appeared to smile with relief Friday as she left the McLennan County Courthouse. She declined comment after her guilty plea.
“In light of the abandonment of certain portions of the indictment, Mrs. Mills, who has pretty continuously not sought to avoid responsibility, decided that it was in her best interest and that of her family to plead guilty and move forward,” Bostwick said.
The thefts from the downtown development organization since 2003, according to Glickler, reportedly totaled $511,000.
Bostwick said he could not say why she took the money, how much she took, what she did with it or how much, if any, is left. He did say, however, that the alleged $511,000 that Glickler had claimed is in dispute.
Glickler declined comment on what evidence he intends to present at the punishment trial or how much the prosecution will allege she stole. He also would not say whether there were previous attempts to resolve the case and if he intends to ask the jury to send Mills to prison.
“There is a value to the state in the issue of acceptance of responsibility by a criminal defendant,” Glickler said. “She accepted responsibility. In a plea bargain, both sides aren’t always winners or losers. The definition of a plea bargain is that both sides get a bargain. There is a value to the state to someone who is willing to plead guilty.”
Glickler said any additional amount of restitution in the case is up to the judge’s discretion.
“There is a law that says regardless of the amount of money in the range of a crime that is charged, the court can assess restitution in any amount if it is based on the evidence presented,” Glickler said. “If we only prove $15,000, he could only assess $15,000. If we prove $200,000 or $500,000 in restitution, the court has the authority to order whatever restitution that is proven and it is not bound by the range in the indictment.”
Theft of $200,000 or more is a first-degree felony. Less than $100,000 is a third-degree felony.
“The effort to do this being put forth by the attorney general’s office, this is something that me and my team worked on. We discussed it. This comes from us, it doesn’t come from anyone else,” Glickler said. “There is no outside pressures or whatnot brought to bear. It is our decision as prosecutors based on our years of experience, and we are satisfied with this course.”
Bostwick said Mills already has made $70,000 in restitution to Downtown Waco Inc. and would be willing to pay more if ordered by the judge. He said the past 18 months has taken a toll on Mills and her family.
“I think Margaret is somebody who has worked very hard on behalf of the city and she took very seriously the respect she had,” Bostwick said. “She did a lot, frankly. She moved the city from what was described at one point by a former city councilman as brain dead to the precipice of where we are today, which everybody would agree is a huge, manifold change.”
Bostwick added, “She is hugely humiliated, ashamed, sorrowful that instead of people remembering what she has done that has been good and productive and helpful for the city, that unfortunately she will be collared with some actions she’s not proud of.”
twitherspoon@wacotrib.com
757-5737
- MORE VIDEO: Margaret Mills arrives at county jail
- GRAPHIC: Arrest warrant affidavit
- Jun. 14, 2009: Former Downtown Waco leader Margaret Mills could be released by Thanksgiving
- Nov. 22, 2008: Margaret Mills spends first night in Gatesville prison
- Nov. 11, 2008: Margaret Mills escorted from Waco courtroom to begin 9-year sentence
- Nov. 10, 2008: Prison official describes what Margaret Mills' life might be like behind bars
- Nov. 8, 2008: Family friends pitch in to help Margaret Mills pay $100K restitution
- DAY 3 / Nov. 5, 2008: Judge seethes at attorneys as Margaret Mills plea deal is reached
- DAY 2 / Nov. 4, 2008: Margaret Mills' successor testifies she found Downtown Waco Inc.'s financial records
- DAY 1 / Nov. 3, 2008: Jury selected in Margaret Mills theft punishment trial
- Nov. 2, 2008: Betraying public trust may factor in Margaret Mills' sentence
- Nov. 2, 2008: Bad economy could be bad news for Margaret Mills, jury experts say
- Oct. 26, 2008: After Margaret Mills' guilty plea, question remains whether she can get an unbiased jury for her sentencing
- Oct. 25, 2008: Margaret Mills avoids possible life sentence in plea deal
- Oct. 25, 2008: Margaret Mills' plea deal has some wondering whether they will get paid back
- Oct. 24, 2008: Margaret Mills' attorneys to try again to move her trial from Waco
- Sept. 29, 2008: Defense files 2nd motion to move Margaret Mills trial from Waco
- Sept. 17, 2008: New court filing outlines theft allegations against Margaret Mills
- Sept. 3, 2008: Judge rules Mills should stand trial in Waco, sets Nov. 3 start date
- Sept. 2, 2008: Hearing expected to decide whether Margaret Mills trial moves from Waco
- Aug. 30, 2008: Federal tax lien placed on Margaret Mills' property
- Aug. 13, 2008: Prosecutor: Kick cameras out for Mills theft trial
- July 26, 2008: Margaret Mills' lawyers seek to bar courtroom cameras
- July 19, 2008: Mills' attorneys request change of venue for controversial trial
- July 15, 2008: Prosecutor files motion to restrict evidence in Margaret Mills case in advance of Friday's pre-trial hearing
- Feb. 2, 2008: Trial date set in Margaret Mills' theft case
- Jan. 24, 2008: Margaret Mills pretrial hearing scheduled
- Nov. 7, 2007: Margaret Mills indicted on 1st-degree felony theft charges
- Oct. 3, 2007: DA's office dogged by inquiries in Margaret Mills case
- Aug. 10, 2007: Mills investigation in its final stages
- May 5, 2007: Waco police submit part of Mills investigation to DA
- April 10, 2007: County DA Segrest will recuse himself in Mills case
- April 8, 2007: Disbelief, desperation marked Downtown Waco's final months
- April 3, 2007: Did Mills get special treatment from justice system?
- April 3, 2007: Longtime civic leader arrested, bonded out peacefully
- April 2, 2007: Mills' hard-charging ways won success, created sparks
- April 1, 2007: Arrest warrant issued for Margaret Mills
- Feb. 23, 2007: Investigation wrapping up
- Dec. 17, 2006: Inquiry will continue into 2007
- Nov. 4, 2006: Mills put money in own account on eve of retirement
- Nov. 2, 2006: "Several" subpoenas issued
- Nov. 1, 2006: $500,000 and counting: Questionable finances traced to 2000
- Oct. 28, 2006: Case could shake up courthouse
- Oct. 25, 2006: Downtown Waco office braces for closure
- Oct. 22, 2006: Who's minding the store at DTW?
- Oct. 15, 2006: No third-party audits for DTW Inc.
- Oct. 14, 2006: Ex-Downtown Waco director Mills target of investigation
- Oct. 11, 2006: Police investigating missing money
- Oct. 6, 2006: Missing funds at root of investigation
- Oct. 3, 2006: Downtown Waco Inc. loses city funds amid internal financial investigation
Comments
By ASMA TOFAN
Jan 20, 2009 2:20 PM | Link to this
WHY YOU HAVEN;T TELL HOW MANY MONEY DID THEY PAOD IN THE MILLS?
By Apalled
Nov 6, 2008 10:23 AM | Link to this
All we have to do is look at this situation and we have an insight to why there is so little respect for the laws of our land. Why go to the trouble and expense of a trial, just give slaps on the wrist and let the stealing continue. What a joke, lawyers, lawyers, all around and not one with guts enough to enforce justice. Tears, Mrs. Mills, cannot wash away your guilt, grow up, you very well know law, maybe that is part of the problem, you know people in high respected places that can dance the dance of deceit. Why have you not let your son, 37 years old, pay his own bills and pay for his own crimes, other mother's have not the influence or money and their children, if they do the crime, they pay, but not the Mills.
To those to whom much is given, much is expected. I don't have the words to express how disgusted I am with this whole deal. Prison 9 years should mean 9 years not 2. All I can do is remember when the officials that are elected come up for re-election is to vote against them. I hope Waco citizens raise up with the voices and their votes to let all these "respectable people" know how we that live our lives out daily with God's help are watching how they live out their lives.
By Truth Be Told
Oct 29, 2008 9:52 AM | Link to this
If you are outraged, then let Greg Abbott (Attorney General for the State of Texas), Jim Dunham, Doc Anderson, and Kip Averitt know you're disgusted. Abbott is the elected official who is ultimately responsible and to whom Glickler & White have to answer to and secure approval of a plea agreement like this. And all of them need your vote to stay in office!
By Truth Be Told
Oct 29, 2008 9:47 AM | Link to this
If you are outraged, then let Greg Abbott (Attorney General for the State of Texas), Jim Dunham, Doc Anderson, and Kip Averitt know you're disgusted. Abbott is the elected official who is ultimately responsible and to whom Glickler & White have to answer to and secure approval of a plea agreement like this. And all of them need your vote to stay in office!
By gina
Oct 27, 2008 12:13 AM | Link to this
Just because she did things for the city doesn't mean squat. What she did was wrong and she knew it was wrong when she did it. Why give her a break. Anybody else wouldn't get a break. That's whats wrong with this world. A nobody would get the book thrown at them but these people we are suppose to look up to get a break. That's bulls__t. And why move the trial. She should that to face the people she stoled from face to face and not in a other county.
By Jill
Oct 26, 2008 11:02 AM | Link to this
I think I must sadly concur with Ms. Mills' attorneys that she could not get a fair trial in Waco, Texas. I do, however, disagree that the reason she cannot get a fair trial is because of the pre-trial publicity. I think it is because she has done to the local merchants what she did to the city of Waco; stolen from them. I have heard so many first hand accounts of Ms. Mills' not paying her bills and the ensuing arrogance and feigned outrage at the mere suggestion that she was evading payment make it dubious at best whether an impartial jury could assess her punishment. I would have hoped that from the outset, her "dream team" of attorneys would have advised her to do the right thing and own up to her ill-gotten gains, make arrangements for restitution, and move on. That would have played a lot better with the Waco public. Now, she will probably get probation, declare bankruptcy, and continue to live better than the rest of us from whom she stole. This woman apparently has either compulsive behavior or is devoid of a conscience and I submit that family members who benefitted from her behavior, enabled it, or allowed it to continue should also be held accountable.
By Another citizen
Oct 26, 2008 2:40 AM | Link to this
She is NOT a rich ole woman. If so, she could pay her tax lien, pay her restitution and not write hot checks all over town. Everyone keeps calling her a rich old Waco and she is NOT. Old money- rich Wacoans pay their bills!
By AJ
Oct 26, 2008 12:50 AM | Link to this
This just ticks me off. My nephew was born through an emergency c-section and was in NICU for a month when all of this investigation was going on and my father was not able to be at his first grandchild's birth or with his daughter because he was working this stupid investigation where they are doing away with over half of his work. He worked to hard and to late to many nights for this to be thrown away like it is. Margaret Mills has screwed Waco and deserves to be put away for more than a life sentence. She should also have to pay every penny back. We all know that won't happen though.
By Bob Turk
Oct 26, 2008 12:09 AM | Link to this
Lest I forget, this reminds me of why I don't live in Waco any longer. Waco was my home for many years, but now I am ashamed to tell anyone about this fact.
The "good old boy" way of doing business in Waco is still alive and well.
By R.U. KIDDING
Oct 25, 2008 10:42 PM | Link to this
If there ever is a time in this corrupt joke of a town for someone to step up to the plate -- where is a John, in the wilderness hollering his head off (excuse the pun) when we need him? I say, send this story to Nancy Grace, that is, if she has time away from her normal/abnormal stories. See if someone out here will make Waco a public laughing stock, as it really is; it's corrupt leaders; all the way from the "gravediggers" to the courthouse. And we wonder why we, as a nation, much less Waco, are doomed. Here is a line from an old John Wayne movie; "Thee asked for it." Oh, by the way; every taxpaying citizen in this joke of a town ought to refuse to pay one red cent of tax if, at the very least, restitution is not fully made. And if, as someone has stated, "the evidence is not there, so the prosecution cannot prosecute any more than is proven"...please fellow, wake up!!! Why do you think all this time has lapsed? Why do you think nothing connected with her bank account/monies/assets were frozen immediately after she was found out? There has been enough time gone by here to cover up New York City! Just let us have enough time and before it's all over, "they" will show where actually Waco owes Ms. Mills some back pay. And to think, I have to write a check for over $3,000 for this years taxes; perhaps Maggie could do some beautification on my property for the next 50 years or so. I realize mowing in this hot-as-hell Waco heat might be a little much, but I'd be very fair. I have some wonderful tasting Waco water. Have a very Merry Christmas, Ms. Mills, and you, too, you sorry low-down corrupt, Waco leaders.
[1 2 3 4 5] next
Commenting is open from 8 a.m. to 5 p.m. M-F, except on Tuesday when it's open until 9 p.m.
Post a comment
*HTML not allowed in comments. Your e-mail address is required.