Assistant District Attorney Diana Reynolds Clayton offered a plea agreement to accused racketeer and embezzler Donna Cupp, 48, former Central School superintendent.
Cupp, represented by Stilwell attorney Todd Hembree, responded to the offer by filing a waiver of a preliminary hearing, which was scheduled for 9 a.m., records show.
By waiving her preliminary hearing, Cupp indicated her intent to accept the plea bargain offered by Clayton. Also, by waiving the preliminary hearing, Cupp gave up her right to make the state prove its case against her, Clayton said.
The plea agreement said Cupp would plead guilty to one count of racketeering, one count of embezzlement, two counts of erasure or obliteration of an instrument, and one count of obtaining property by deception.
For that guilty plea, Cupp will receive a five-year suspended sentence; she will pay restitution of $164,000 (including the school's attorney and audit fees), $100,000 of that amount must be paid within 30 days; she will permanently surrender her professional license; and Cupp and the school agree to resolving all pending civil charges with 30 days. Clayton said Cupp must borrow the full amount from a bank and pay the school in the next 30 days or face an asset hearing in which her property may be evaluated.
In count one, Cupp is accused of converting school funds to her own use by approving requisitions and purchase orders to the vendors from whom she bought various articles of home furnishings and equipment in an amount exceeding $45,000.
Cupp is accused of forging the signature of Principal Curtis Moore, second co-signer required by the school for disbursement of school funds. She then allegedly converted more than $68,000 to her own use.
In count two Cupp is accused of depositing a $26,366.60 insurance check made out to the school into her own account.
In counts three and four Cupp is accused of the erasure or obliteration of bank statements; creating and uttering forged checks; and embezzled cash from various deposits intended for the Central Public Schools Activity Fund Account.
In count five Cupp is accused of obtaining property by trick or deception by providing a false purchase order number, securing the tax-exempt status to which the school is entitled.
Special District Judge Dennis Sprouse set an arraignment date for Cupp at 1:30 p.m. March 25 before District Judge John C. Garrett.
Cupp's preliminary hearing was delayed last year so she could receive a court-ordered competency evaluation at the Oklahoma Forensic Center in Vinita. Judged competent to assist with her defense, the preliminary hearing can now be held.
Cupp was charged in August 2002 with the embezzlement of about $140,000 from the Central School Activity Account.
Cupp was fired from Central in July 2002, and is accused of spending most of the money on personal and household items for a new home she built on South Dogwood in Sallisaw, records show.
The Oklahoma State Auditor's office in Oklahoma City began an audit in June 2002 after being contacted by the school after the discovery that funds were missing.
