Posted on 04/20/2006 6:13:09 AM PDT by jaydubya2
PORTAGE — Janie Lee Espinoza, a minister and the mother of a local soldier who died in Iraq, has been charged with spending more than $250,000 in insurance money meant for her son’s little girl.
Some of it, attorneys say, went to furnish the church where she is a pastor.
One month after Spc. Roy Buckley died in Iraq, police say, his mother became guardian of $250,406 for his child, then 6, until she turned 18.
Espinoza, 56, now has been accused by police and the girl’s attorney of spending it all on cars, jewelry, a time share on a Florida property, church pews and a baby grand piano.
The pews and the piano apparently were given to The Church of Jesus Christ in New Chicago where Espinoza is the pastor.
“This one’s going to upset some people,” said Capt. Terry Swickard of the Portage Police Department.
Espinoza was charged this week with seven Class D felony counts and one Class C felony count of theft.
A warrant was issued for her arrest, and her bond is set at $25,000.
She faces two to eight years in prison if convicted, said Porter County Deputy Prosecutor Brian Gensel.
Espinoza declined to talk about the charges Wednesday, when she was reached at a mobile home in Portage’s Camelot Manor.
But Garry Weiss, her Merrillville attorney, said it wasn’t clear at the time who the beneficiary of the money was, and it was an emotional time for Espinoza.
“She lost her son in the war,” Weiss said. “She was mourning and distraught and was grieving for the loss when all of this occurred.”
Buckley, Espinoza’s son, was the third soldier from Northwest Indiana killed in Iraq. According to the military, he died in a “non-hostile” vehicle accident in Baghdad on April 22, 2003.
Four months earlier, police say, he had taken out a life insurance policy where he named his daughter the beneficiary and Espinoza as the guardian until the girl turned 18.
“Which doesn’t give her the right to spend the money,” Swickard said.
George Brasovan, the Merrillville attorney who represents Buckley’s daughter, said the girl was not even told about the money, which police say was left to her through the Uniform Gift to Minors Act, until more than a year after it was given to Espinoza.
That’s when the girl and her mother began asking about it, Brasovan said.
Weiss, though, said the actual beneficiary of the money is under dispute.
“We’re not really disputing that the funds were spent,” Weiss said, stopping short of admitting that Espinoza spent the money. “The issue is who was the owner of the funds.”
Espinoza thought the money was hers, he said, and that’s why her church received the pews and a piano as a donation.
Charlene Wagner, an organist at Espinoza’s church, said she could not fathom that Espinoza spent the money knowing it didn’t belong to her.
“The Janie Espinoza that I know is not that kind of person,” Wagner said.
She added that she is worried Espinoza will be unfairly attacked because she is a pastor.
“Anytime that there’s a minister involved in anything — anything — it doesn’t matter who that minister is,” Wagner said. “The public is ready to shut the minister down and that’s not fair.”
Weiss said there was an additional policy that left $150,000 for Espinoza.
That money, Weiss said, was given to Buckley’s daughter before a dispute over the money even came up.
Brasovan said he has been trying to help Buckley’s daughter get some of the money back by negotiating with Espinoza and contacting businesses where Espinoza is accused of spending the money.
“She’s received a truck back,” Brasovan said. “We’re still waiting for the title.”
Brasovan and Swickard said the case against Espinoza took about a year to compile as they tried get documents accounting for the money.
Espinoza stonewalled him, Brasovan said, adding that, in a letter, Espinoza’s attorney told him she was upset that he was even inquiring about it.
“The long and the short of it was that it wasn’t any of our business,” Brasovan said.
Jan. 11, 2003: Roy Buckley takes out a life insurance policy for $250,000 naming his daughter as the beneficiary and Janie Lee Espinoza as the guardian
April 22, 2003: Buckley is killed in Iraq
May 21, 2003: Espinoza receives a check for $250,406 from the insurance company
June 10, 2003: Espinoza writes a check to herself for $4,000 and takes a cashier’s check for $10,326 from the girl’s account
June 13, 2003: Espinoza writes a check to herself for $4,000 from the girl’s account
July 7, 2003: Espinoza writes a check to Jet Auto Sales for $6,550 from the girl’s account
July 11, 2003: Espinoza writes a check to Skyline Motors for $2,508 from the girl’s account
July 29, 2003: Espinoza writes a check to Gratz Piano for $6,500 from the girl’s account
Feb. 4, 2004: Espinoza writes a check to Myrtle Conley for $3,000 from the girl’s account
April 17, 2006: Theft charges are filed against Espinoza
Source: court documents
She shoulda' held a "vigil" in Crawford Texas. Then all would of been forgiven.
I'm torn on this one. $4K per month isn't a whole lot, especially since I suspect she is taking care of the litle girl. It also appears she stopped spending after a while.
I believe the girl lives with her mother.
Don't forget this woman most likely received SS for the child also.
Save to show to junior sailors / marines ping
I hate lawyers ... but I have to admit it's 99% of them that give the other 1% a bad name.
Another total usless piece of crap of motherhood.
Sorry, not even a close call. Under the law, even if she were taking care of the girl, which I don't believe she was, she had an obligation only to spend the money for the benefit of the minor.
Ever hear of a life insurance policy that didn't clearly indicate who the benificiary is? I mean, that's kinda the whole point of it.
I can support one kid quite wonderfully on $4000 a month.
This woman should never see the light of day again.
Another reason- along with the "baptist church" in Kansas- why I won't join a "church".
I know too many people who live a "holy" life on Sunday and are not to be trusted on any topic.
Any locals here? What's this about a "car wash"?
Sorry, I'm not following you...
I was thinking the same thing.
"I always thought a soldier in a combat situation could not get life insurance? (that's what Iv'e been told anyway)
"
While that might be true through regular insurance channels, all U.S. servicemen and women have the opportunity to purchase life insurance at a relatively low premium. This is offered to you while you're still in basic training, and covers you in all situations, including combat.
Thanks MM for educating me!
Yeah the kid'll only be 12-13 when the account is emptied, then what's granny going to do for pocket nomey?
Well, at least she is showing that a woman can be just as good a crooked, inconsiderate, corrupt and foul an example of a pastor as a man can!
I love our pastor; he's a good man, wise and deeply Christ-centered. And we have a good council of Deacons and Deaconesses supporting and watching over him.
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