BLOOMFIELD, Mo. — A Scott County judge set aside the sentence of a former Bloomfield pastor convicted of defrauding his elderly mother of nearly $87,000 and will consider ordering restitution when he resentences the man in April.
On Friday, Judge David Dolan set aside the 20-year prison sentence he had ordered Donald Lafferty of Quechee, Vermont, to serve on the Class A felony of financial exploitation of an elderly person and ordered the 71-year-old to appear at 10 a.m. April 25 for resentencing.
A Stoddard County jury convicted Lafferty of the exploitation charge, as well as the felonies of attempted murder, arson and armed criminal action, in January.
The jury convicted Lafferty of hiring Brandi and Christopher Hicks of Dexter, Missouri, to burn his home near Bloomfield and kill his wife in January 2013.
The Hickses were to receive $15,000, plus another $5,000 if Lafferty’s wife died in the fire.
The exploitation charge involving Lafferty’s mother, Goldie Lafferty, was a separate case.
When Lafferty was sentenced earlier this month, Dolan ordered him to serve 15 years in prison on the attempted murder and arson charges, with those sentences to be served consecutively to each other and to a 20-year sentence on the exploitation charge.
A 10-year sentence on the armed criminal action charge was to run concurrently with Lafferty’s other sentences.
Stoddard County Prosecuting Attorney Russ Oliver said Lafferty stole $85,000 and “some change” from his mother.
“The original sentence and judgment didn’t include restitution on it,” Oliver said. “I filed a motion asking the judge to include restitution, and (Dolan) set that count aside — just the sentencing, not the finding of guilt.
“He’ll come back on the 25th, and then we’ll have a new sentencing hearing.”
At that time, Oliver said, he will make his arguments as to why restitution should be included.
Oliver said a change to the state’s statutes about two years ago allows defendants committed to the Department of Corrections to be subjected to a restitution order.
Oliver said the primary reason he is seeking restitution from Lafferty is a 2014 Cadillac that was seized.
“It is in evidence right now; it was purchased with Goldie Lafferty’s money,” Oliver said.
“... If there is a restitution order, that Cadillac can be returned and attached to Goldie Lafferty’s estate.”
According to earlier reports, Lafferty’s sister had accused him of defrauding their mother, who since has died, by taking all the money from a certificate of deposit and using it for personal bills.
Lafferty’s sister reported her mother “did not authorize the use of the CD for his personal bills nor authorize the checking account” in her name, Dexter Police detective Trevor Pulley wrote in a probable-cause affidavit.
During his investigation, Pulley was given information indicating Lafferty obtained control of nearly $87,000 belonging to his mother.
Pulley said Lafferty claimed his mother’s CD had been lost and subsequently redeemed it without his mother’s knowledge.
Using the money obtained from the CD, Lafferty opened a checking account in his mother’s name, with him as the authorized signer, police said.
Between Dec. 12, 2013, and Jan. 17, 2014, Lafferty reportedly spent $85,829.17 on personal bills from the account through withdrawals and checks.
Lafferty’s mother, then 89, requested the bank close the account, which had a balance of $884.52 on Jan. 27, 2014, and subsequently told Pulley her CD was not lost, but in a lock box at her home.
“Goldie stated she was the only person on the CD, so no one could cash it in or steal it,” Pulley said.
“(She also) did not authorize the new account or for the funds to be withdrawn from (it).”
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