ALBION – An Albion man today was given the maximum of 1 to 3 years in state prison through a plea agreement.

Timothy Ausman Jr., 56, admitted in court on June 24 that he was driving under the influence of alcohol and without a license when he was driving recklessly in the village on May 18, crashing into two Albion patrol cars.

He also needs to pay the full restitution for repairing the cars at $14,320. That restitution covers the cost of repairs, towing and getting decals replaced. Ausman will need to pay back the village’s insurance company, NYMIR.

Ausman and his attorney, public defender Joanne Best, asked for mercy from County Court Judge Sanford Church, saying Ausman is a critical caregiver for an 8-year-old daughter with life-threatening kidney disease.

Ausman’s other daughter died from a kidney disease last year at age 8. After being sober for six years, Ausman said he struggled after his daughter’s death and returned to drinking alcohol.

He has already been in the jail for 101 days. Best asked for a split sentence of the local jail plus probation.

She acknowledged he has a criminal history but has no prior felonies the past 16 years.

On May 18, he was charged with petty larceny, and then drove a Chevrolet Trailblazer without a license. When officers attempted to conduct a traffic stop, Ausman failed to comply and fled from officers through portions of the Village of Albion. Officers initiated a pursuit with emergency lights and sirens activated.

During the pursuit, Ausman allegedly failed to stop at multiple stop signs, drove on road shoulders and sidewalks, operated recklessly through residential neighborhoods, and repeatedly refused commands to stop his vehicle, the Albion Police Department said.

Officers attempted multiple controlled tactics to slow and stop the vehicle due to concerns for public safety and the belief that he was highly intoxicated driving near residential areas and public parks. The pursuit concluded on South Clinton Street after Ausman struck a patrol vehicle and lost control while entering a residential property.

“Unfortunately on that particular day things just unraveled for him,” Best said at sentencing this morning.

Ausman pleaded guilty on June 24 to aggravated unlicensed operation of a motor vehicle and attempted criminal mischief in the second degree.

Best asked that Ausman not be sentenced to state prison “so he can provide some comfort and care to his daughter.”

Ausman apologized and said he would be committed to his ailing daughter.

Judge Church said Ausman’s actions on may 18 put the community at risk, including police officers, other motorists and people in the neighborhoods due to his reckless driving.

In addition to the prison sentence, Ausman will need to pay $375 in court surcharges and fees.

Long-time Clarendon official called ‘wolf in sheep’s clothing’ by judge

Melissa Ierlan

ALBION – A former Clarendon official with a long list of good works in the community was sentenced today for fourth-degree grand larceny for taking $62,000 from the Clarendon Hisotrical Society.

Melissa Ierlan, 59, has to pay full restitution and will spend the next four months with weekends in the county jail.

County Court Judge Sanford Church insisted on some jail time for Ierlan. A plea agreement from District Attorney Susan Howard called for five years probation, full restitution and no jail time.

But Judge Church during sentencing today said he couldn’t agree to that arrangement without some incarceration.

He also insisted that Ierlan clearly state she stole the money. The judge said many of Ierlan’s supporters have been saying she didn’t take any money.

There has been some disagreement on the precise amount. The amount of funds missing from the Clarendon Historical Society was identified as $102,752 by the state comptroller’s office. That office then lowered the amount to $70,000.

Ierlan was able to show time stamps of cash withdrawals from the bank and photos of items purchased on behalf of the society to lower the amount to $62,000.

Her attorney, George Muscato, said Ierlan did steal money – clearly at least $20,000. She is agreeing to repay the $62,000 and acknowledge that is the number for missing funds without proper authorization.

The judge still wanted it to be known that Ierlan was admitting to stealing the money, not simply using it without proper authorization.

“You did steal the money?” Judge Church asked Ierlan.

“Yes, sir,” she responded.

When Ierlan admitted in court to taking the money, the judge agreed to proceed with sentencing but he made it clear there would be some jail imposed. Ierlan could have withdrawn the plea, but she opted to go forward with sentencing.

“I realize what I have done has hurt the whole community and broken a lot of trust,” Ierlan said during sentencing. “I’m embarrassed and I’m sorry.”

Ierlan intends to remain in the Clarendon community. Her husband, Fred Seeman, is a Clarendon town councilman who won a Republican primary in June to be town supervisor. He will be unopposed on the ballot in the November election, but is facing a write-in campaign from Kathy Harnischfeger.

Ierlan was the town’s code enforcement officer for 20 years, and also served as the Hillside Cemetery administrator, town historian and president of the Historical Society. The comptroller found no misappropriated funds in her roles with the town government as codes officer, historian and cemetery administrator.

The Historical Society has its own board and that board allowed her to be the sole signer for writing checks. The board has since reorganized and the group said it is satisfied with the $62,000 in restitution, Howard told the judge.

Ierlan has been a dynamic community member, volunteering on the Holley Board of Education, and repainting about 50 historical markers around the county. She organizes Clarendon’s annual lighted Christmas parade and has Santa at the Historical Society to greet children.

She has spearheaded historic preservation initiatives in the community, and helped Boy Scouts earn their Eagle rank through projects in the cemetery.

Judge Church acknowledged he received testimonial letters about Ierlan’s good works.

But he said the amount of theft and the division its caused in the community warrants time in jail.

“We have a bit of a wolf in sheep’s clothing here,” Judge Church said.

Ierlan was able to pay $40,000 in restitution today. The remaining $22,000 will be paid at $1,000 a month. Ierlan is working at a business in Murray.

She also needs to pay $375 in court charges.

The judge in refusing to only sentence Ierlan to probation noted a previous case in March where a man received four months of weekends in jail, plus five years of probation for stealing $49,000 in lottery tickets from a Clarendon business.

Howard said she agreed to the plea deal for Irelan without jail to try to bring the case to closure.

“This incident has polarized the Town of Clarendon where I was worried they would never get back on track,” Howard said.

The judge said Ierlan shouldn’t avoid jail when the other person who took the lotto tickets got weekends in jail.

“This seems more heinous than the other one,” Judge Church said, comparing Ierlan’s crime to the man who took the lottery tickets.