Woman gets probation for taking thousands of dollars from employer

A 29-year-old O’Neill woman, who was recently convicted in Holt County district court of taking more than $5,000 from a business during a two-month period last year, is suspected of taking much more over the last decade, according to Holt County attorney Brent Kelly.

Jessica E. Menish was sentenced by the Honorable Mark Kozisek on Monday, July 19, to a five-year term of probation for a reduced charge, criminal attempt of theft by unlawful taking, a Class 3A felony (reduced pursuant to an April 19 plea deal with Kelly, from a Class 2 felony, theft

by unlawful taking, more than $5,000). The sentence includes 30 days in jail. Menish’ request for a stay of execution was granted and she was ordered to report to the Holt County Jail at 9 a.m. Aug. 9. Assuming no good time is lost, Menish must serve 23 days before mandatory release.

She was ordered to pay $147 costs of prosecution, $1,530 probation enrollment and programing fees along with $10,500 restitution to Gokie’s Mini-Mart - at a rate of $175 per month. “I believe the evidence would show that Ms. Menish committed theft from her employer during the time alleged in the information (Sept 1 to Nov. 3, 2020), by voiding certain cash transactions in the register and pocketing the cash funds from those certain transactions,” Kelly told the Advocate. “She may have taken as much as $186,000 over perhaps 10 years, according to some estimates.”

Menish must apologize, in writing, to Jerry Gokie, owner of the victimized O’Neill business, within 30 days and attend and successfully complete a money- management course approved by her probation officer, within six months.

“It is our hope and our belief that the victim will be made whole through insurance proceeds or through a civil action, because the restitution order will leave the victim well short of its true losses,” Kelly said. “Unfortunately, in criminal court, we do not have the power to seize assets and the restitution order must, by law, be limited to the ‘defendant’s ability to pay.’”

Menish was represented by Holt County public defender Rodney Smith.