Gene Autry, Oklahoma, is a tiny town of 160 residents near Ardmore, in Carter County. Last year, the town's one and only public official--its mayor--was accused of embezzling from the town coffers. Katherine McQuistion, who resigned amid the allegations, is accused of making unauthorized withdrawals from the town's accounts to the tune of nearly $133,000 between January 2014 and January 2015.

When Kyle Lawson stepped in as mayor last May after McQuistion's resignation, he said the town was left with only $24,000 in it general fund and only $3,000 in the emergency fund. The town has an annual operating budget of $124,000.

At a preliminary hearing, Carter County District Attorney Craig Ladd said investigators determined that the defendant had made approximately $132,800 in unauthorized cash withdrawals unsupported by receipts.

Special District Judge Carson Brooks found sufficient evidence to order trial for the ex-mayor, and he scheduled a formal arraignment on the embezzlement charge for June 22.

This is not the first time the defendant has been in legal trouble while serving as mayor of Gene Autry. In 2010, she was arrested on a domestic violence charge after an altercation with her cousin at a Gene Autry home. She was given a deferred sentence and the case was dismissed in 2012 following completion of her probation.

Oklahoma law, in 21 O.S. § 1451 prescribes the penalties for embezzlement based upon the value of the property or money involved:

  • Less than $500 - misdemeanor; up to one year in jail and a fine of up to $1,000
  • $500 or more, but less than $1,000 - felony; up to one year in jail and a fine of up to $5,000 plus restitution
  • $1,000 or more, but less than $25,000 - felony; up to 5 years in jail and a fine of up to $5,000 plus restitution
  • $25,000 or more - felony; up to 10 years in prison and a fine of up to $10,000 plus restitution

However, the statute has a specific section related to embezzlement by a public official:

C. Any county or state officer, deputy or employee of such officer, who shall divert any money appropriated by law from the purpose and object of the appropriation, shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than one (1) year nor more than ten (10) years, and a fine equal to triple the amount of money so embezzled and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes. The fine shall operate as a judgment lien at law on all estate of the party so convicted and sentenced, and shall be enforced by execution or other process for the use of the person whose money or other funds or property were embezzled. In all cases the fine, so operating as a judgment lien, shall be released or entered as satisfied only by the person in interest.

If the former mayor is ultimately convicted of embezzlement, she faces up to 10 years in prison.