By Mark Oswald
Albuquerque Journal
SANTA FE, N.M. — A former Santa Fe city government paramedic who pleaded no contest to stealing a dead man’s debit card while on the job will not have a felony conviction wiped from his record, a judge ruled Wednesday.
Michael John Harcharik, 32, was sentenced to probation in January for one count of identity theft and three counts of violating the Remote Financial Services Act.
Harcharik stole 76-year-old Allan Pearson’s debit card, which may have had the personal identification number (PIN) written on the back, from a wallet on a table at Pearson’s home on March 25, 2016, after Harcharik’s fire department unit responded to Pearson’s unattended death.
Harcharik used Pearson’s card to rack up $11,217 in cash withdrawals and purchases that included a riding lawn mower, car parts and shoes for his wife. He made one of those purchases while wearing a Santa Fe Fire Department uniform and driving a city ambulance.
Dan Marlowe, Harcharik’s attorney, filed a motion in May to have Harcharik receive a conditional discharge, which would drop the convictions when Harcharik’s probation period ends. Marlowe called Harcharik’s crimes a “momentary lapse in good judgment” that shouldn’t result in a felony record affecting his future career prospects.
District Court Judge Matthew Wilson denied the motion Wednesday. “I do not believe that you are not redeemable, Mr. Harcharik,” Wilson said. “But what you did should have serious consequences beyond a conditional discharge. You did break a promise to the public.”
Wilson said his office has received several letters from the public that he was told were both in support and opposed to the conditional discharge motion. The judge assured the attorneys that he didn’t read any of them.
Harcharik spoke before Wilson’s ruling and said he and his wife have started two LLCs since the conviction and he goes to church regularly now. “It took this for me to change my life,” Harcharik said. “I’m not asking to get off scot free. I know what I did was bad. I want to prove to you that I’m a good person who made a foolish decision.”
Prosecutor Peter Valencia said Harcharik’s crimes weren’t the result of one poor decision because he used Pearson’s card over 50 times to buy items that were not essential for him or his family. He also argued that the sentence was more than fair because Harcharik faced up to six years in prison.
“He took advantage of a dead man who couldn’t stand up for himself later,” Valencia said.
Harcharik was arrested after Pearson’s daughter went to a local bank to close her father’s account and noticed several charges after his death. Santa Fe Police were able to identify Harcharik in surveillance video from stores and determined that his paramedic unit had responded to Pearson’s death.
Copyright 2017 Albuquerque Journal