Judge allows theft charges against D150 principal to stand

Andy Kravetz

An area judge threw out a request by a former District 150 principal to dismiss charges alleging she stole money from the school district.

Peoria County Circuit Judge Timothy Lucas shot down arguments by Mary C. Davis that indictments handed down last year were barred by the statute of limitations and failed to pass muster for other legal technicalities.

Davis, 52, of Dunlap was charged in April 2010 with 16 felony counts of official misconduct and theft. The counts allege that while principal at Charles Lindbergh Middle School she took money several times between 2005 and 2007.

Davis’ attorney contended at a hearing in September that prosecutors didn’t file charges in time. At the crux of Davis’ argument was that her successor at Lindbergh, Julie McArdle, waited too long to tell authorities, thus barring any prosecution.

But Assistant State’s Attorney Seth Uphoff, at a hearing in September, assailed that notion, saying McArdle had no such legal duty to report to police and, regardless, charges were filed within a year of notification. That, the prosecutor said, satisfied any statute of limitations requirement.

Lucas agreed, writing in a two-page order Wednesday that McArdle was not a department or division head and had not been delegated such authority.

Davis is set for trial in January.

The official misconduct charges all allege she “knowingly performed an act which she knows was forbidden by law,” that act being theft of government property.

The theft charges carry a range of one to three years or three to seven years behind bars, depending on whether the amount was more than $300. Official misconduct has a prison range of two to five years.

Probation is a sentencing option for all the charges.