Cindy Jane Nigh was accused of stealing thousands from Public Defenders Office by claiming money was to cover expenses for witnesses.

DAYTONA BEACH — A 62-year-old woman who formerly worked at the 7th Circuit Public Defender’s Office was sentenced to 90 days in jail to be served in 25-day chunks in an unusual sentence which will preserve her Social Security benefits.

Cindy Jane Nigh, who is homeless, pleaded no contest to charges of grand theft and exploitation of the elderly, less than $20,000.

Circuit Judge Dennis Craig sentenced her to five years probation concurrent on each of the third-degree felonies and withheld adjudication, meaning Nigh will not have a conviction on her record if she successfully completes probation.

Nigh stole $6,191.20 from the Public Defender’s Office by making it seem like the money was to pay travel and lodging expenses for witnesses. But in reality Nigh was using the money to pay for vacations for family and friends.

Nigh worked for the Public Defender’s Office for about 30 years, much of the time on the third-floor of the S. James Foxman Justice Center where she was sentenced Tuesday.

The arrest Jan. 17, 2019 for thefts from the office violated the terms of an agreement from a case in 2014 when Nigh was accused of stealing about $6,300 from a 91-year-old disabled woman. The woman, who was a good friend of hers, has since died.

Assistant State Attorney Sarah Thomas asked for 120 days in the county jail for Nigh plus probation and restitution. State sentencing guidelines did not recommend prison.

Nigh was represented by private defense attorney Scott Decker, who also used to work for the Public Defender’s Office.

Decker said Nigh was homeless and living mostly in her car but sometimes on friends’ couches. He said she was a cancer survivor. And he disputed that Nigh was guilty of the exploitation of the elderly charge, saying it had been a misunderstanding.

Nigh did not deny the thefts from the Public Defender’s Office.

Decker also told Craig that Nigh said if she was sentenced to jail for more than 30 days at a time she would lose her late husband’s Social Security benefits, which was the only income she had.

That led to the atypical sentence in which Craig gave her 90 days to be served 25 days at a time followed by a seven-day release and then return to jail for another 25 days. He also ordered restitution.

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