A 36-year-old Tonganoxie man accused of stealing from a Lawrence couple over several years has reached a diversion agreement with prosecutors.
Douglas County prosecutors in February had charged Michael A. Kirby with two counts of felony theft of $1,000 to $25,000; identity theft; misdemeanor criminal use of a financial card; and felony attempted criminal use of a financial card.
In his diversion agreement, Kirby admitted to stealing a gold Rolex watch from the victims in 2008 and stealing cash from the couple’s home from January 2009 to October 2011.
Kirby had assisted his mother with cleaning the victims’ house, the agreement said. In October 2011, he also obtained a Social Security number from one victim while inside the house and used it to open a credit card account while adding himself as an authorized user. He was unsuccessful at transferring his own credit card balances to the card. The transfers were canceled when it was learned the card was fictitious.
According to the agreement filed Monday, Kirby was required to pay $395 in diversion and court costs. He also agreed to abstain from using alcohol and drugs, to complete at least 100 hours of community service, enroll and complete a theft offender program and a gambling addiction class, and write an apology letter to the victims.
Prosecutors agreed to suspend prosecution of the case and dismiss the charges if he fulfills terms and conditions of the agreement.