January 27, 2023
FOR IMMEDIATE RELEASE
Contact: Prosecutor Tim Rutkowski, 989.269.9255
On January 27, 2023, a Huron County jury found Tracy McDaniel guilty of one count of Embezzlement of Over $1,000 and less than $20,000, one count of False Report of a Felony, and one count of Lying to a Police Officer.
The charges arose out of an investigation by the Harbor Beach Police Department. On July 15, 2019, Tracy McDaniel called the Harbor Beach Police stating that the Speedy Q store in Harbor Beach had been robbed. McDaniel was the store’s manager. She reported that over $13,000 and the surveillance device with the cameras digital recording were stolen. Law enforcement officers attempted to locate the cash and DVR recorder without success. After further investigation, it was determined that McDaniel called in the theft to cover up her embezzling money from Speedy Q. The DVR recorder was hidden in the store after unplugging the video cameras from the device. It was later recovered, and then used during the jury trial to demonstrate that McDaniel was the only person in the office when the money was supposedly stolen. A small portion of the missing money was located a couple of weeks later.
A Preliminary Examination was held on August 13, 2020 where the defendant was bound over on the three charges. The defendant was arraigned on August 31, 2020, on the three charges as well as alleging her being a Habitual Offender, 4th Offense. In 2021, a jury trial was held with a mistrial declared requiring a retrial.
A second three-day jury trial was held in the 52nd Circuit Court on January 24, 25, and 26, 2023, on all three-felony counts tried by Chief Assistant Prosecuting Attorney David Wallace. The evidence included testimony from the other two employees who were working with the defendant on July 15th, bank and business accounting records, video statements by the defendant, and the actual video recordings from the store.
After an hour and 15 minutes of deliberation, a jury of nine women and three men found McDaniel guilty on all three counts. Circuit Court Judge Prill then determined that the defendant had three prior felony convictions making her a Habitual Offender, Fourth Offense.
Mr. Rutkowski praised the integrity of this case because of the complete and thorough investigation by the Harbor Beach Police Department.
“Due to the quick response and detailed investigation by Dave Navock of the Harbor Beach Police Department along with other officers, this office was able to successfully prosecute McDaniel and hold her accountable for her crimes. The Harbor Beach officers and Mr. Wallace are to be commended for their efforts.”
Prosecutor Timothy Rutkowski
The Embezzlement charge carries up to five years in prison, but as a Habitual Offender Fourth Offense, the maximum is up to life in prison. Judge Prill will sentence the Defendant on March 20, 2023.
