Nypavers both convicted of theft, conspiracy
Uniontown’s former fire chief and his estranged wife were each convicted of theft by deception and conspiracy Wednesday in Fayette County Court.
By their verdict, reached in about four hours, jurors found that Myron Nypaver, 46, conspired with Lisa Nypaver, 41, to continue collecting unemployment compensation benefits after he was called back to work from a furlough in March 2010. Detective Steve Kontaxes alleged that the Nypavers continued filing unemployment claims between March and November 2010.
Lisa Nypaver was convicted of an additional count of access device fraud.
Jurors found that the amount taken was $16,990.
Lisa Nypaver testified that she alone continued applying for the compensation to support a drug addiction after Myron Nypaver returned to work. Myron Nypaver also testified that he did not apply for the benefits after he went back to work.
His attorney, Michael DeRiso, had asked jurors to acquit him of all charges. Lisa Nypaver’s attorney, Mark Mehalov, asked the jury to acquit her of conspiracy.
Assistant District Attorney Gene Grimm, however, argued to jurors that Myron Nypaver admitted to Kontaxes that he applied for the benefits and asked the panel to convict both of all counts.
After the verdict was handed down, someone associated with the defendants in the case allegedly threatened Grimm, District Attorney Jack R. Heneks Jr. said.
“We are investigating that allegation. (Uniontown) police and the county detective, James Caccimelio, have launched a joint investigation into the comments that were allegedly made to Assistant District Attorney Grimm after the verdict. We will make a decision on the prosecution of any statements or remarks that we believe evidenced a criminal offenses,” Heneks said.
The county’s chief prosecutor lauded the work that Kontaxes and Steve Cooper, the director of the county’s drug task force, did in the case, and Grimm for “splendidly prosecuting this trial.”
Heneks said he generally does not comment on jury verdicts but is aware of the issues raised in the case. Among those issues were allegations that the prosecution was political. Myron Nypaver, employed with the city for more than 20 years as a fireman, deputy chief and then chief, was twice furloughed from his post only to be brought back.
One character witness called in to testify on his behalf said that the politicians in the city disliked Myron Nypaver because he followed rules instead of doing political favors.
When the case was brought to him, Heneks said he did not consider who the defendants are or their standing in the community, only that there was a crime committed.
He said he believed the jury made the right decision.
After the verdict was handed down, Judge Steve P. Leskinen denied a motion to revoke Lisa Nypaver’s bond.
She has a prior theft case.
Grimm did not make a motion to revoke the bond of Myron Nypaver, who has no criminal record.
Leskinen set sentencing for 1:30 p.m. April 11.