4/24/2013 9:28:00 PM Former deputy ordered to pay restitution in embezzlement case
By Patti Weaver Journal Correspondent
Former Payne County Sheriff's Deputy Dan Gwin who admitted embezzling from P&K Equipment while he worked for the John Deere dealer in Stillwater as a sales representative last year has been ordered to pay $5,033.87 in restitution as a condition of probation.
Gwin, 49, also must perform 100 hours of community service within one year under an order Friday by Associate District Judge Stephen Kistler, who approved Gwin's plea bargain with the prosecution for a three-year deferred sentence.
Gwin reportedly worked for the Payne County Sheriff's Office for about 15 years in all as a deputy. He was last employed at the office by Sheriff R.B. Hauf from Jan. 5, 2009, until Sept. 30, 2011, when he resigned, according to an email from Captain Kevin Woodward.
Stillwater Police Detective Richard Leport wrote in an affidavit that on July 5, 2012, Alan Nietenhoefer, the general manager of P&K Equipment, the John Deere dealer in Stillwater, reported an alleged act of embezzlement by employee Daniel Gwin.
Nietenhoefer reported that Gwin sold a used John Deere Gator CX utility vehicle to a Stillwater customer who paid in cash, the affidavit said.
"Later, it was determined the John Deere Gator CX was not available for sale so the deal was cancelled," Nietenhoefer reported, according to the affidavit.
On May 5, 2012, Gwin delivered a new Gator CX to the customer, the affi davit said. On May 18, 2012, Gwin wrote a personal check for $4,900 drawn on his own account made payable to P&K Equipment with "Garys Gator" written on the memo line, the affi davit said.
The check was later returned by the bank due to "not sufficient funds," the affidavit said.
P&K Equipment did not receive any of the cash paid by the customer, the affidavit said.
On July 11, 2012, the Stillwater police detective interviewed the customer who said that on April 6, 2012 he was at P&K Equipment "when salesman Dan Gwin asked if he was interested in buying a used 2012 Gator CX," the affidavit said.
"The price was $3,800 and the vehicle had only about 35 hours of use," the affidavit said. The customer offered $3,300, which was accepted, the affidavit said.
Gwin wrote up a customer purchase order documenting the sale of the 2012 John Deere Gator CX for $3,300, the affidavit said.
The customer paid Gwin the $3,300 in cash for which the customer was given a receipt, the affidavit said.
The customer called Gwin occasionally to see when the Gator CX would be delivered, the affidavit said.
On May 4, 2012, Gwin delivered a Gator CX to the customer at his residence in Stillwater, the affidavit said. The customer noted the Gator CX was new with only 5/10 of an hour on the meter, the affidavit said.
Gwin told the customer to stop by P&K Equipment on Monday for the warranty papers, which the customer received on May 7, 2012, along with a copy of the purchase order, the affidavit said.
The purchase order listed the product as a 2012 Gator CX sold for $4,900, the affidavit said.
Gwin will not have a criminal record if he successfully completes his probation, since he was given a deferred sentence as part of a plea bargain.