AUGUSTA — A West Gardiner woman was ordered Tuesday to serve 90 days in jail and pay $20,000 in restitution for theft of state benefits, including from MaineCare and the Supplemental Nutrition Assistance Program.

Hope Atwater, 59, was sentenced during a hearing at the Capital Judicial Center. She had pleaded guilty to theft by deception in Kennebec County from October 2010 through September 2014, and two counts of unsworn falsification, dated Dec. 7, 2012, and Nov. 30, 2013, both in Augusta.

The remainder of Atwater’s two-year sentence was suspended and she was placed on two years of probation. She is to report to jail Sept. 1.

“Hope felt terrible about what happened here,” her defense attorney, Walter McKee, said via email. “She was in dire financial straits.”

Information in court files shows Atwater signed documents indicating that her husband, Michael Atwater, now 60, was not contributing to the support of the household and not living there, both of which were untrue.

Michael Atwater faces the same charges as his wife, but with different dates of offense. An indictment charges that his theft by deception took place from March 2011 through September 2014, and the two counts of unsworn falsification on Oct. 22, 2012, and June 27, 2013. The indictment says he indicated that Hope Atwood was not living with him and not contributing to the household during that time. He has pleaded not guilty and is scheduled for a hearing at the same courthouse on Nov. 22.

Advertisement

The prosecutor, Assistant Attorney General Darcy Miller, said the total amount taken in the thefts was just over $48,000, and that the restitution amount of $20,000 was part of the plea agreement with Hope Atwater. Miller said $41,000 of the money was paid by MaineCare to health care providers who treated Hope Atwater, who suffered a significant medical problem and lacked health care coverage after her husband lost a job.

“There were some pretty serious mitigating factors, so the sentence is somewhat lower than I would normally be requesting,” Miller said.

Court documents indicate that if Michael Atwater is convicted of the offenses, he must contribute to Hope Atwater’s $20,000 restitution.

 


Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.