Day care owner gets deferred sentence
Andrea Luker gets 4 years probation
October 8, 2009
Andrea Luker, co-owner and operator of Bear Valley Child Learning Center, was sentenced Tuesday in Moffat County District Court for her role in welfare fraud.
Luker, 39, pleaded guilty to theft of a series of $1,000 to $20,000, a Class 4 felony, and refusal to permit inspection, a petty offense.
She was sentenced to a deferred judgment and four years supervised probation, and ordered to perform 200 hours of community service.
Luker also will have to pay $5,261.30 in fines and fees, including $2,318 in restitution to Moffat County Social Services.
As part of Luker’s plea agreement, the 14th Judicial District Attorney’s Office dismissed six charges of forgery of government issued documents but added the petty offense charge.
Luker was arrested April 2 after law enforcement found evidence she falsely reported dates of when certain children attended her day care.
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For each of those children, Social Services paid for their care when they were under Luker’s supervision. Therefore, Luker collected more money for each day she reported having those children.
Luker shared ownership in the child center with her husband, Alvin Luker, a Craig Police officer.
Alvin Luker was not charged in the case, and there are no plans to file charges, prosecutors said.
If Andrea Luker violates the terms of her probation or is arrested during its tenure for anything greater than a four-point traffic violation, she potentially could be re-sentenced for the charges against her.
A Class 4 felony carries a possible sentence of two to six years in prison and between $2,000 and $500,000 in fines.
Her petty offense conviction could carry as much as six months in jail, and as much as a $500 fine.