By Edmundo Carrillo
Albuquerque Journal
SANTA FE, N.M. — A former Santa Fe city government paramedic who pleaded no contest to stealing a dead man’s debit while on the job can avoid spending time in jail if he successfully completes probation.
Michael John Harcharik, 32, was indicted for identity theft and three counts of violating the Remote Financial Service Act, all fourth-degree felonies, in June. A Santa Fe police report said Harcharik’s fire department unit responded to the unattended death of 76-year-old Allan Pearson March 25 and took Pearson’s debit card, which may have had its personal identification number written on it, from a wallet on a table.
Harcharik then allegedly used the card to make purchases and withdraw cash at several locations around Santa Fe, totalling about $11,217. On one occasion Harcharik was in uniform and driving a city ambulance when he made one of the purchases.
Prosecutor Peter Valencia said Monday that Harcharik didn’t use the card to buy essential items like groceries but rather bought a riding lawnmower, custom car parts and shoes for his wife.
He was arrested April 11 and released on a $20,000 surety bond after one day.
Pearson’s daughter noticed the charges when she went to First National Bank on the Plaza to close the her late father’s account and called police. Harcharik pleaded no contest to the charges Dec. 15, meaning he’s not admitting guilt but does acknowledge that he would be found guilty if the case went to trial.
In court Monday, Harcharik and several family members said he struggled with his mental health due to the stress of his job. Harcharik said one of his biggest mistakes was not getting help for the “issues” he had. He said that he had seen a child die a “horrific death” and drank alcohol every night to help him fall asleep.
District Court Judge Matthew Wilson sentenced Harcharik to six years of incarceration but suspended the sentence. Harcharik can instead serve five years of probation and is eligible to get off early after three years with no violations. He can be sentenced to prison if he violates probation. Harcharik also must pay restitution to First National Bank, since the bank had to pay Pearson’s family for the fraudulent charges. Defense attorney Dan Marlowe asked for a conditional discharge — meaning his conviction would eventually be dismissed if Pearson successfully completed probation — but Wilson denied it, saying Harcharik did “breach the public trust.”
“I will never be a paramedic again, and it’s a job that I love deeply, but it brought me a lot of pain as well,” Harcharik said. “I’m not sorry that I got caught. This could have gotten far worse because I was in a mental state where this action was OK. Looking back, I don’t even know how I got here.”
“This boils down to a public integrity case,” prosecutir Valencia said. “The defendant took advantage of his position.” But Valencia supported probation for Harcharik instead of jail time.
Copyright 2017 the Albuquerque Journal