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This newspaper’s investigation in May 2015 revealed the extent of the Rev. Earl Simone’s property holdings and issues with debt and unpaid taxes. We have followed this story as the case worked its way through the legal system.
The Rev. Earl Simone, 75, will spend 5 years in prison with no chance of early release for stealing $1.92 million from St. Peter Catholic Church in Huber Heights, where he was pastor for 23 years.
Montgomery County Common Pleas Judge Dennis J. Langer on Wednesday imposed the prison sentence and ordered that Simone pay full restitution of the money the priest admitted stealing from the church.
Simone faced as many as 11 years in prison but agreed to pay restitution and serve five years when he pleaded guilty in March to a first-degree felony count of aggravated theft. His sentencing was delayed as he dealt with health issues, said his attorney, David P. Williamson.
The Rev. Steve Angi, representing the Archdiocese of Cincinnati and St. Peter Church, read a statement in court calling Simone’s theft a “betrayal” and said he not only stole parish funds but also money “from special collections for the nuns’ retirement, earthquake relief and other special causes.”
“Father Simone has lived lavishly by owning and managing properties purchased with parish resources,” said Angi, chancellor of the archdiocese, which oversees Catholic parishes in southwest Ohio.
In a short statement to the court before sentencing, Simone apologized and said “apologies are not enough.”
“It’s what follows after the apologies, how the rest of one’s life is lived,” Simone said. “No one, including me, expected this chapter.”
The court received 29 letters of support for Simone, some asking Langer for leniency that the judge said the plea agreement did not allow. Williamson read from a letter calling Simone “extraordinary” and saying he still had “a lot to give and teach and share.”
Simone declined comment before the sentencing, but Williamson said the priest is in a “good” state of mind.
“There is a sense of relief of getting to this point, moving on to the next chapter,” Williamson said. “I know he appreciates the support that he has received from many people.”
Simone, who came to court in a wheelchair and looked frail and drawn, was taken into custody immediately. The prison system will evaluate Simone and determine where he will serve his sentence, said JoEllen Smith, spokeswoman for Ohio Department of Rehabilitation and Correction.
As of Aug. 1 there were 224 inmates aged 75 years old or older in Ohio prisons, Smith said. That is less than one-half of 1 percent of the total prison population of 50,750.
Simone also faces a $4 million lawsuit filed by the archdiocese, which alleges that he stole far more than he admitted and that he had up to 10 non-clerical unnamed co-conspirators who assisted him in stealing church funds. Angi said “he directed some parish staff over the years to assist” in the theft.
Church officials believe Simone stole $4.1 million, but because bank records are retained for just seven years the level of proof was less than for the $1.92 million he was charged with taking, said Dan Andriacco, spokesman for the archdiocese.
RELATED: See an interactive guide to the financial details of properties owned by the Rev. Earl Simone here.
In his response to the lawsuit Simone said he didn’t take any more than $1.92 million and denied he had help.
Williamson said the priest will not be able to pay back the money.
“From what I know he does not have $1.9 million and does not have $4 million,” Williamson said.
Ward Barrentine, assistant county prosecutor, said officials hope that the sale of Simone’s property will help toward payment of restitution.
Simone has repaid nothing, but St. Peter will receive $3 million from the archdiocese and insurance, Andriacco said.
“Archbishop (Dennis) Schnurr’s reaction to this entire situation is one of great sadness,” Andriacco said.
He said that while Pope Francis has declared 2016 The Year of Mercy, “there’s mercy but there is also justice. When somebody commits a crime or makes a mistake they must pay the price.”
Church officials began investigating financial irregularities at St. Peter early last year and Simone resigned and took a medical retirement in April 2015. He also resigned as administrator of Our Lady of the Rosary, St. Adalbert, St. Stephen and Holy Cross churches, all in Old North Dayton.
A Dayton Daily News investigation last year found Simone bought $2.8 million worth of property — mostly houses and apartments in Huber Heights — between 1994 and 2014. Much of the property was owned by his business, Flynn Realty, and he ran a bagel shop in Vandalia that closed in 2006, mired in tax debt.
Simone accumulated nearly $671,000 in court judgments or settlements and tax liens that were released after payment. He also faced 91 maintenance or zoning code violations between 2000 and 2015.
Simone was ordained in Cincinnati in 1977 and served as associate pastor at St. Teresa in Springfield before joining the U.S. Navy in 1980, where he served as a chaplain. He retired from the military as a lieutenant commander in 1992 and returned to the archdiocese, where he was appointed St. Peter pastor in August 1992.
Our coverage of this story:
Huber Heights pastor to plead in $1.5 million church theft
Former Huber pastor pleads guilty to stealing $1.9M
Mom feels blessed to have child with her in prison
Debate focuses on Guns At Work
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