Hobart officer charged with cashing $422 in checks issued in error
By Karen Caffarini Pos-Tribune correspondent February 4, 2013 6:08PM
Hobart police patrolman Kirk Homoky | Provided photo~Sun-Times Media
Updated: February 4, 2013 10:39PM
Hobart Police Patrolman Kirk Homoky, who has been under internal investigation, was charged Monday in Lake Superior Court on two counts of fraud on a financial institution, a Class C felony, and one count of theft, a Class D felony, for reportedly cashing $422.40 in checks from a local business that were given to him in error.
Neither City Attorney Anthony DeBonis nor Acting Police Chief Vance Thompson would comment on the charges.
Attorney Dan Whitten, who is representing former Police Chief Jeff White, who sought Homoky’s termination for insubordination, could not be reached for comment on Monday.
According to the probable cause affidavit, Homoky or his former wife had picked up seven checks totaling $492.80 from Stardust Bowl II, 3925 E. 81st Ave., Hobart, between March 11 and April 15, 2010, although he had worked security at the bowling center only one night for 31/2 hours.
Stardust manager Dan Barton said Homoky would have been paid $70.40 gross per night, according to the affidavit.
Barton said Homoky had deposited the seven Stardust checks into his personal account at a local credit union between March 1 and April 15, 2010. Barton said when he discovered Homoky had received the checks in error, he tried reaching the police officer by phone, but Homoky never returned his calls.
Barton provided police with records for the pay period during that time. They showed that Homoky never checked in for work for six of the days for which he was paid.
Homoky’s former wife, Mattie Robbin, told police officers investigating Homoky that she and Homoky knew he received the checks in error, but he said “it was their mistake,” not his.
Robbin said Homoky was “weirded out” about the checks and told her, “If they figure this out, I will be done there.”
She told the investigating police officer she probably deposited the checks at their credit union. Records show the checks in question were deposited into a account held by Homoky and Robbin.
Christopher Cooper, an attorney representing Homoky, said while Deputy Prosecuting Attorney Rochelle Moody acted reasonably in filing the charges, he believes she acted on false information given to her by Hobart police.
Cooper said Homoky told him he worked for Stardust doing security for more than one year, not just the one time. Cooper added that neither Homoky nor his current wife recall getting any phone calls from Barton.
“You have to remember that the person processing the affidavit was (Hobart Police Officer Jeremy) Ogden, who Homoky is suing,” Cooper said.
Cooper, who has offices in Chicago and Merrillville, filed a lawsuit against former Hobart Police Chief Jeff White, Ogden and Detective Garrett Cisezweski, charging the officers with misusing their police authority for vindictive and personal reasons.
Homoky had been assigned to desk duty by White, who also took away his badge, car and weapon. The officer got his badge and weapon back last week, but remained on desk duty.