JAY - Criminal charges in Missouri against a former Jay attorney and another woman accused of stealing money from the guardianship trust of a handicapped adult man were dropped after civil case was settled in Delaware County, a prosecutor said Monday.

Betty Pitts-Cartwright, 63, of Afton and Donna Ann Cupp, 61, of Sallisaw were accused of stealing $129,502.07 from the guardianship estate of Dennis Alan Brown Jr.

Pitts-Cartwright was Brown’s attorney and Cupp was her employee.

“The criminal charges were dismissed in exchange for a civil suit settlement,” said Bill Dobbs, Prosecuting Attorney for McDonald County, Missouri.

Dobbs said charges were dropped in October and court records show the civil lawsuit was dismissed Oct. 19 in Delaware County.

About the charges

Investigators found between June 4, 2010 and April 2, 2013, checks totaling $108,802.79 and endorsed by Cartwright’s signature were withdrawn from the guardianship bank account and deposited in the Cornerstone Bank, which is located in Southwest City, Missouri.

Also between June 4, 2010 and April 2, 2013, checks totaling $20,699.28 bearing no endorsement were withdrawn from the guardianship bank account and deposited into Cartwright’s trust account in her name.

The majority of the withdrawals on the account were made as automated teller machine transactions for cash, and nearly all of them were made at casinos, according to an arrest affidavit.

Related criminal cases

In June 2015 Cupp pleaded guilty in Delaware County to stealing money from the Brown guardianship account and received a five-year suspended sentence. She was also ordered to pay $11,500 in restitution.

This is not the first time Cupp, a former school superintendent, faced theft charges. In 2004 she pleaded guilty to multiple counts of embezzlement in Sequoyah County and received a 5-year suspended sentence, court records show.

Pitts-Cartwright resigned from the Oklahoma Bar Association June 2015 pending disciplinary proceedings.