Attorney Says Pa. Chief Merely a Bad Record Keeper

PLAINS TWP., Pa. -- Prosecutors say Wilkes-Barre Township fire Chief John Yuknavich is a thief.

His attorney offers an unflattering defense: Yuknavich is merely a "horrible" record keeper.

A jury eventually will decide in a Luzerne County courtroom, both sides said Monday morning after Yuknavich's preliminary hearing on allegations he stole thousands from the volunteer fire company.

Magisterial District Judge Diana Malast ruled prosecutors met the threshold to establish their case and forwarded the charges to county court. Yuknavich is facing two counts of theft and one count each of receiving stolen property and access device fraud.

After the hearing, Yuknavich's defense attorney Barry Dyller blasted the prosecutors' case.

"There's no evidence. There is zero evidence. It's an extremely weak case for the Commonwealth," Dyller said. "I think more than anything, all these agencies did all this work and they needed to justify their existence, even though they have no evidence of any crime."

State police allege Yuknavich illegally wrote himself $11,865 in fire department checks and spent $3,706 on a Sam's Club credit card. State auditors testified Monday they believe Yuknavich controlled and misappropriated the funds.

Dyller told Malast the fire company and its relief association were "horrible record keepers," but there is no evidence of a crime. If money is missing, there certainly is no proof Yuknavich took any for personal use, Dyller said.

"I guess that's going to be their argument -- he's just a bad record keeper. We'll see if a jury buys it," Luzerne County Assistant District Attorney Shannon Crake said after the hearing. "The bottom line is, he can't account for the money. As the chief, the buck stops with him. He has to account for that money."

Randy Farrence, a former auditor with the state Bureau of Charitable Organizations, said Yuknavich failed to comply with a subpoena he issued in September 2008, forcing the agency to issue a "cease and desist" order that prohibited the fire company from fundraising. The order also forced the closure of the Fireman's Inn, a bar and restaurant attached to the fire hall and operated by the fire department.

Prosecutors said Yuknavich made cash withdrawals from the fire department's accounts and doesn't have documentation of what he did with the money. They also said his Sam's Club membership account, registered to the fire department, was used to make $3,706 of purchases, mainly for groceries, children's clothing and feminine hygiene products.

Dyller said Yuknavich did not make the purchases and he will produce witnesses who say he or she made the purchases. There are multiple cards for the account, Dyller said.

Still, investigators say Yuknavich was responsible for the money as fire chief and as a ranking official with the fire department's relief association the past few years. Volunteer fire relief association are nonprofit organizations established to provide financial assistance to volunteer departments. The associations receive state aid from a 2-percent state tax on fire insurance purchased by Pennsylvania residents from insurance companies incorporated outside of the commonwealth, said John Brostoski, a certified public accountant with the state Auditor General's Office. He said the state stopped sending aid to the Wilkes-Barre Township relief association in 2008 because of suspected financial irregularities.

"From what I saw, cash was being pulled out and it had John's (Yuknavich's) signature on it," Brostoski said.

Dyller blamed the irregularities and lack of documentation on "very bad record keeping."

"There's no reason to believe the lack of record keeping for the cash is anything different," Dyller said.

Yuknavich's arrest for theft followed several recent run-ins with the law and a lengthy list of controversies spanning a decade. He recently pleaded guilty to attacking his ex-girlfriend and her friend outside her Plains Township home on Nov. 6. He's also facing a driving under the influence of alcohol charge after being pulled over near her home on Nov. 27.

Township officials have repeatedly claimed no control over the independent, volunteer fire department, despite providing them with $100,000 per year, which helps pay for the mortgage on the department-owned fire house.

Copyright 2012 - The Citizens' Voice, Wilkes-Barre, Pa.

McClatchy-Tribune News Service