A Gilmer woman, who pleaded guilty to embezzling more than $450,000 from her employer, was sentenced in 115th District Court in Gilmer Monday to 10 years deferred adjudication probation, and ordered to pay restitution.

Kimberly Faye Nix, 30, of Gilmer must pay $451,733 to her victim, Jimmy Stanley Construction, where she served as bookkeeper.

At the time of her plea Monday, she had to pay $75,000 of the restitution, and must pay an additional $376,733 over the next ten years to meet the terms of her probation.

Ms. Nix must also work 500 hours of community service, pay a fine of $1,000, and spend 90 days in the Upshur County Jail on weekends, starting last night (Friday).

The case was prosecuted by Upshur County District Attorney Billy Byrd. Defense attorney was Barry Wallace.

Her guilty plea was among 17 felony guilty pleas, four motions to revoke probation, and three misdemeanor guilty pleas heard in the court since June 11, with Judge Lauren Parish presiding.

Under deferred adjudication probation, no final record remains of the offense if the guilty party successfully completes the probation.

Upshur County District Attorney Billy Byrd said that his office’s investigation of the crime showed that Ms. Nix had “skimmed cash off deposits, wrote checks to herself, and stole money” in other ways from her employer, Jimmy Stanley Construction of Gilmer. She was bookkeeper for the firm, and the thefts occurred over several years, Byrd said.

Jimmy Stanley died unexpectedly in 2009.

Byrd said he recommended seeking prison time for Ms. Nix, but members of the Stanley family and others in the company wanted him to seek restitution.

He had Andrea Stanley Bunn, who now owns the construction company, sign an affidavit stating that she wanted him to seek restitution rather than prison time for Mrs. Nix, because it would be the only chance for the firm to recoup its losses. The company’s construction supervisors also urged that the penalty include restitution.

Mrs. Bunn had discovered the thefts when she analyzed some of the company’s bank records and found discrepancies. She fired Ms. Nix at that time.

Gilmer Police investigated the case.

In her affidavit, Mrs. Bunn said that “I understand that the District Attorney and his office wanted to send Kimberly Nix to prison. I, however, have asked that the District Attorney recommend to the judge hat Kimberly Nix be placed on probation, with $75,000 towards restitution to be paid by Kimberly Nix on the date of her plea, with the remaining amount of ordered restitution as a condition of probation. . . .

“Although I am the victim and have been harmed, as well as my late dad’s business, I feel this is the only way to recoup any monies stolen by Kimberly Nix.”

She said she understands that if Ms. Nix violates her probation in the future, “the court will have the full range of punishment to impose from anywhere between no less than five years in prison up to 99 years or life.”

Other guilty pleas and sentences given included (some have been previously reported):

• Casey Douglas Lansdale, 37, Gladewater, evading arrest/detention with a vehicle, a third-degree felony. He received 10 years in prison, probated for five years.

Terms of probation included 600 hours of community service, a $750 fine, using a Guardian Interlock for half of the probation period, and paying other associated fees and taking care of other stipulations.

Assistant District Attorney Edward Choy was prosecutor, and Brandon Winn was defense attorney.

• Robert Henry Johnston, 88, Gilmer, indecency with a child, a second-degree felony. He received eight years deferred adjudication probation. Terms of probation include a $2,000 fine, counseling, sex offender registration, and permission to travel to the Veterans Administration Hospital in Shreveport, La. for medical treatment.

• Jimmy Wayne Skinner, 38, Gilmer, driving while intoxicated-subsequent offense, habitual offender, a first-degree felony. He received 25 years in prison. Byrd was prosecutor, and John Moore was defense attorney.

• Jamey Lee Crabtree, 25, Hawkins, possession of methamphetamine, first-degree felony. He received 10 years in prison. Byrd prosecuted the case, and Craig Bass was defense attorney.

• Charles James RandleJr., 41, Pittsburg, indecency with a child, a second-degree felony. He received eight years in prison. Byrd was prosecutor, and Wallace was defense attorney.

• Anna Victoria Aguillon, 20, Gilmer, aggravated assault with a deadly weapon, a second-degree felony. She received five years deferred adjudication probation. Conditions of her probation include a $500 fine, paying $4,387 in restitution to her victim, doing 300 hours of community service, attending various seminars and sessions,

Byrd was prosecutor, and Matthew Patton was defense attorney.

• Quincy Ross Goodson, 53, Gilmer, driving while intoxicated-subsequent offense, a third-degree felony. He received 10 years in prison, probated for five years. Among conditions of probation are a $1,000 fine and 300 hours of community service. Byrd was prosecutor, and Patton was defense attorney.

• Michael Wayne Godwin, 28, Gilmer, delivery of marijuana, a state jail felony. He received a 2-year prison sentence, probated for five years. He was also fined $1,000 and ordered to perform 300 hours of community service. Goodwin’s driver’s license was suspended for one year. He will also spend six weekends in the county jail. Byrd prosecuted the case, and Winn was defense attorney.

• Monroe James White Jr., 53, Longview, driving while intoxicated, subsequent offense, a third-degree felony. He received 10 years in prison, probated for five years. He was also fined $2,000 and ordered to do 400 hours of community service, among many probation stipulations.

His driver’s license was suspended for one year, and he must use a Guardian Interlock device for half the probation period. Byrd was prosecutor, and Charles Van Cleef was defense attorney.

• Kevin Dale Upchurch, 47, Gilmer, driving while intoxicated-subsequent offense, a third-degree felony. He received ten years in prison, probated for ten years. He was also ordered to do 400 hours of community service, use a Guardian Interlock device for half of his probation, and meet numerous other stipulations.

He also received 10 years deferred adjudication, to run concurrently with the DWI conviction, for burglary of a habitation with intent to commit another felony, a first-degree felony. On that charge, he was also fined $2,000, ordered to have no contact with his victims, and to stay at least 500 yards away from them.

Byrd was prosecutor, and Van Cleef was defense attorney.

• Denny Scott Wortham, 42, Big Sandy, delivery of methamphetamine, a state jail felony. He received six months in a state jail. Byrd was prosecutor, and Alex Tyra was defense attorney.

• Kelvin Wayne Pearson, 45, Gilmer, delivery of methamphetamine, a state jail felony. He received 18 months in a state jail. Byrd prosecuted the case, while Van Cleef was defense attorney.

• Miguel Paz, 34, Tyler, driving while intoxicated with a child passenger, a state jail felony. He got a year in a state jail. Byrd was prosecutor, and Van Cleef was defense attorney.

• Billy Wayne Henderson, 43, Avinger, unlawful possession of a firearm by a felon., a third-degree felony. He received five years in prison. Byrd was prosecutor, and Tim Cone was defense attorney.

• Paul Elton Smith, 43, Gilmer, driving while intoxicated-subsequent offense, a third-degree felony. He received five years in prison. Byrd was prosecutor, and Cone was defense attorney.

Motions to revoke probation included:

• Michele Katherine Brown, 44, Gilmer, delivery of methamphetamine, a state jail felony. She received 18 months in a state jail. Byrd was prosecutor, and Clement Dunn was defense attorney.

• Jeffrey Dale Clifton, 29, Pittsburg, possession of a controlled substance—methamphetamine, a state jail felony. He received 18 months in a state jail. Byrd was prosecutor, and Dwight Brannon was defense attorney.

• Carrie Lynn Wilcox, 37, Tyler, possession of methamphetamine, a state jail felony. She received 24 months in a state jail. Choy was prosecutor, and Moore was defense attorney.

• Cody Joe Henderson, 32, Quitman, possession of methamphetamine, a state jail felony. He received 16 months in a state jail. Byrd prosecuted the case, and Van Cleef was defense attorney.

Misdemeanor pleas included:

• Terroristic threat, a Class A misdemeanor. The guilty party, a 47-year-old Gilmer woman, received one year of deferred adjudication probation, and was fined $250 and told to do 40 hours of community service. Byrd was prosecutor and Wallace was defense attorney.

• A 20-year-old Ore City man was sentenced to 45 days in the county jail for making a false report to peace officers, a Class B misdemeanor. Choy was prosecutor, and Van Cleef was defense attorney.

• A 47-year-old Big Sandy man was sentenced to a year in the county jail for making a terroristic threat, a Class A misdemeanor. Byrd was prosecutor, and Van Cleef was defense attorney.