Corporate manager fails to testify in embezzlement case

By Emily Williams
After a trial in Batesville Municipal Court Wednesday  Judge Bill McKenzie found a Southaven woman guilty of embezzlement while she was employed at a restaurant in Batesville.
Kayla Shaw, 916 Patton Taylor, Southaven, was found guilty of misdemeanor embezzlement, but she was not fined. Shaw was a shift manager at Cracker Barrel.
Affiant Jim Bishop from the chain’s corporate office was not in court to testify.
“This case bothers me. It concerns me for the lack of corporate interest in the case. It concerns me they didn’t bother to follow up with proof better than they did,” McKenzie added.
The judge explained the law puts a greater burden on people in management than a clerk.
“Everyone can say, ‘I made a mistake,’ but there is a greater responsibility on a manager and his or her duties,” the judge ruled.
Before ruling, Detective Tommy Crutcher and Justin Maples testified the defendant admitted to one incident, not depositing three dollars into the safe when her shift was over.
Shaw told the judge that night she was more concerned about her four-month-old baby who needed her and instead of redoing her entire register, she just put the three dollars down on some diaper coupons instead of putting it on top of the safe with a note as she stated in court she wished she had done.
Detective Crutcher testified from May to August, Shaw had more “comp” tickets than any of the other managers who worked there.
“Comp tickets” are complimentary meals for free provided for the managers.
Detectives said they found she’d had about 26 of the tickets, and believe she was responsible for about $400 in misplaced funds.
Shaw explained she was the closing manager and two managers worked prior to her shift.
Shaw testified that in the past, the first and second shift managers, were required to already have their registers balanced and closed before the last manager took night shift, avoiding confusion with transactions.
“I don’t know why they don’t close out the registers at the end of their shift anymore,” she said.
“If any manager ate with a manager meal, I closed it. My numbers are higher because I closed 78 times in three months,” Shaw said with tears.
“I am not user friendly with those computers. We are not taught how to use those computers. It’s learn as you go,” Shaw said.
“I’ve never been in any trouble in my life,” she said tearfully.
Shaw tried explaining the process of closing the registers and making them balance.
“I don’t think the lady is someone who wants to steal. The charge has been proven, whether she forgot or was in a hurry, but the charge has been proven, but no fine will be imposed,” the judge ruled.
Darrius X. Edwards, 2114 Shiloh Rd., Courtland, failed to appear to answer charges for open container and no tag light.
Deitra McLarty, 2015 McKinney Rd., Sardis, entered a not guilty plea to open container of beer on October 2.
“It wasn’t mine; it was in my car,” McLarty said.
A trial was set for November 16.
Jaavanavous Davison, 5524 Billy St., Moss Point, paid $443 in full prior to court for simple possession of marijuana.
Elizabeth N. Lemaire, 210 Van Voris, Batesville, had old fines of $992 for public profanity, driving while license suspended, running a stop sign and no proof of insurance.
She had old fines of $647 for disorderly conduct-failure to comply. The charges were remanded to the court files but were brought back up after she allegedly cursed officers on August 11.
“I have a bad temper. I am working on it,” Lemaire told the judge.
“You can’t keep living like that,” the judge said.
She was ordered to have her total fines of $1,639 paid in full within 30 days or serve time in jail.
China White, 1475 Hadorn Rd., Batesville, failed to appear to answer charges for resisting arrest and abusive language to a police officer. A warrant was issued for her arrest.
Gary D. Gilson, 260 Perkins Ave., Crowder, had a case continued for contempt of court-old fines of $1,146 due since November 2015.
Jenna D. Elmore, 10 CR 410, Oxford, had old fines of $941 due since October 2012.
“I thought my dad paid for it,” she told the judge.
“You apparently don’t care,” Judge McKenzie said.
Elmore was told to have her fines paid in full by October 31 or serve 90 days in jail.
Gage Burt, 41 South Country Club Road, Charleston, had a case for restricted driver’s license and no tag remanded to the files.
Chanlor H. Hohensee, 101 Creekmore, Coldwater, entered a non adjudication plea to shoplifting and was fined $1,146.