Jail time ordered for former Utah teacher accused of stealing parents’ money

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OGDEN — H.C. and Betty Massey have been good folks, their daughter Hanisya Massey mentioned Wednesday. Their condominium complexes housed low-income of us and the beforehand homeless, and so they have been “pillars of the group.”

That is why she mentioned it has been so onerous figuring out “their souls have been damage” by the actions of her sister, Holly Massey Frye.

Frye was accused in 2020 of promoting off her aged mother and father’ properties and utilizing the cash to purchase herself a home and her daughter a automotive.

Frye, 51, pleaded no contest in July to exploitation of a weak grownup and illegal coping with property by fiduciary, third-degree felonies. 5 different counts, together with theft and communications fraud, have been dismissed as a part of a plea deal.

Second District Decide Joseph Bean sentenced Frye on Wednesday to 2 phrases of zero to 5 years in jail, however suspended the jail time and as an alternative ordered her to serve 9 months within the Weber County Jail. Sixty days shall be “onerous time,” which means Massey shall be absolutely incarcerated throughout these days; however the remaining seven months shall be served by means of a day reporting program, which requires offenders to examine in each day at a central location and take part in designated packages or different actions.

He additionally ordered 36 months of probation following her launch. Bean suspended a $5,000 superb per depend, ordering that she pay solely $950 at a charge of at least $50 per 30 days beginning in January 2023.

A civil case continues to be pending.

Hanisya Massey mentioned Wednesday her present whole loss estimate within the case is $2.8 million, however she believes with taxes factored in, the quantity is $3.6 million.

Frye’s mother and father have been over the age of 65 and each have since handed away. Frye’s father suffered from dementia, in keeping with charging paperwork, although Frye’s legal professional mentioned Wednesday that he was by no means formally identified.

In January 2019, Frye “ready and triggered an influence of legal professional to be executed, giving her management over numerous actual property properties owned by (her father). On or about Feb. 28, 2019, the defendant obtained a second energy of legal professional granting her broad authority to conduct (her father’s) enterprise affairs on his behalf,” the costs state.

In Might 2020, prosecutors say Frye offered one among her father’s properties on Grand Avenue in Ogden, after which two extra on Aug. 5, 2020. “That very same day, utilizing the identical Realtor (who was additionally the purchaser of the 2 properties) the defendant purchased herself a residence,” in keeping with the costs.

In September of 2018, Frye’s mother and father owned over $2 million in rental properties, the costs state. “By Sept. 30, 2019, solely $1 million of that property remained and over $60,000 of bills to promote actual property properties have been sustained along with the heavy capital achieve tax bills incurred.”

Throughout that very same time, Frye’s mother and father went from having $1.2 million in money to $110,000, the court docket paperwork allege.

Frye was accused of transferring not less than $200,000 from her mother and father’ account into hers, and writing greater than $150,000 value of checks made out to “money.”

However the actual financial quantities and whether or not or not Frye really stole from her mother and father have been closely disputed throughout Wednesday’s sentencing.

Frye’s legal professional, Thomas Weber, mentioned the no contest pleas have been entered as a result of if Frye mismanaged any funds, it wasn’t intentional.

He believes that Grownup Probation and Parole is “assuming the worst,” and will do a extra thorough investigation, saying that Frye put a lot of time and “religious power” into working her mother and father’ property.

Weber mentioned Frye was taught the worth of labor rising up and was a college trainer for 21 years — her “true ardour.” She left her profession to handle her mother and father’ property and provides full-time well being care to her father, he mentioned.

Frye mentioned in her court docket assertion that, since age 16, she’s been the one sibling who’s stayed near dwelling regardless of being the one one who’s a mom. She additionally gave essentially the most assist to her father, even when she was busy as a college trainer, she mentioned.

Frye mentioned she spent the cash on transforming her father’s condominium complexes, which is what he wished. She nonetheless has pupil loans, she mentioned, saying she wasn’t utilizing the cash on herself.

Her father had his personal method of doing enterprise and he or she was merely following swimsuit, she added.

Frye mentioned if she have been a decide studying the issues which were mentioned about her, “I’d convict that particular person. (However) that particular person isn’t me.”

Nevertheless, the decide mentioned somebody as educated as Frye ought to know that any agreements about how cash is spent needs to be in writing.

He added that he typically interacted with Frye’s father throughout court docket issues involving tenant evictions and had nice respect for him. H.C. Massey did not at all times like the way in which the court docket did issues, Bean mentioned, however he at all times complied with its orders.

Bean mentioned he is involved that, in keeping with a pre-sentencing report, Frye “thinks she’s the sufferer right here.”

He additionally mentioned that, given the typically conflicting and incomplete experiences offered to him concerning the financial quantities, he was uncertain the right way to pretty decide the severity of the crime.

However prosecutor Sean Brian argued that it is not the financial quantity that issues as a lot as Frye’s betrayal of her household. The victims have been taken benefit of in an “unconscionable” method, he mentioned, and her personal actions show her intent.

As an illustration, Brian mentioned Frye stop her job, took a wage larger than the enterprise’s whole income, and at one level despatched a textual content message studying: “My father was so making an attempt to maintain cash from us.” She felt entitled to the cash, he mentioned, and wished to punish her father.

Hanisya Massey added throughout her assertion that Frye despatched a textual content message in 2019 stating, “I’m indignant at my siblings as a result of you aren’t taking revenge out on dad like I’m.”

Since studying of the costs towards her sister in 2020, Massey mentioned she’s buried each of her mother and father and each of her brothers. She believes all of their well being issues have been exacerbated by Frye’s actions, and mentioned she’s been unable to grieve them correctly.

Frye drained the Social Safety and retirement accounts of her bedridden mom, Massey mentioned. And when her father discovered what Frye did, he mentioned “he didn’t perceive every little thing … however he understood that Holly stole his cash.”

The case has taken different tolls on her as effectively, Massey mentioned. She’s been regularly harassed by contractors Frye despatched her method when Frye owed them cash, she mentioned; she spent $40,000 of her personal financial savings to feed her mother and father and supply them well being care, and he or she’s traveled to Utah from her dwelling in California 12 to 14 occasions for court docket proceedings.

To her, the case is sort of easy: “Whenever you take one thing that does not belong to you, it is theft.”

Frye was handcuffed as Bean handed down the sentence. He denied her legal professional’s request that she be given 14 days to give up herself, stating she ought to have recognized coming to court docket on Wednesday that she was going through jail.

He additionally mentioned whereas he is certain either side disagree with the sentence, he feels he cannot impose greater than 60 days of onerous time with out understanding the complete severity of the crime.

Following the sentencing, Massey mentioned it is tough to understand how she feels. With each her mother and father and brothers gone and with Frye now in jail, she’s the one particular person left to handle the property, she mentioned.

She by no means wished to see a member of the family go to jail, she added, and even defended Frye earlier than she noticed the financial institution statements herself.

However jail time is what her father and brothers wished, she mentioned.

Massey mentioned she forgives Frye and feels dangerous for her, “however legal guidelines have been damaged.”

Now, Massey needs to deal with upholding her mother and father’ legacy of service by working with the hungry, the homeless and the underserved.

And he or she hopes folks keep in mind that what occurred to her can occur to anybody.

“This all actually is about greed and making the most of two weak adults,” she mentioned.

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