A Morgantown woman who raised more than $30,000 for her child’s medical expenses and then used the money for other things was convicted on Monday.
Judge Phillip Gaujot accepted Tonya Hawkins’ guilty plea to obtaining money by false pretenses. Hawkins was indicted by the May 2019 term of the Monongalia County grand jury.
As part of the plea agreement, the state will recommend the statutory sentence of one to 10 years in prison and not oppose Hawkins’ anticipated request for probation, Assistant Prosecuting Attorney Chad Noel said.
If Gaujot decides Hawkins is suitable for probation, the state will ask for at least seven years of supervision which should be enough time for Hawkins to fulfill her restitution burden. Noel said he expects the state to seek about $33,000 in restitution but said he expects Hawkins to dispute that figure.
If the case had gone to trial, the state would have shown that from roughly September 2013 to October 2017, Hawkins raised money to benefit her child, who she said needed a serious medical procedure, Noel said. The fundraising included straight cash donations and organized events such as poker runs and a GoFundMe.
Hawkins then used the money to make payments and purchase unrelated to her son’s medical care and in the course of the investigation the Monongalia County Sheriff’s Department was unable to confirm that any of the funds were used for medical care, Noel said.
Hawkins’ attorney, Ryan Umina, said the case was defensible. Hawkins was told by doctors he son might need certain procedures and some of the money was used for travel and accommodations caused by his condition.
“If she was more sophisticated she could have started a 501c3 and paid herself a salary,” Umina said.
However, because the outcome of a trial can’t be guaranteed and Hawkins has a fraud-related conviction from 2008, for fraudulently obtaining a controlled substance, the plea was arguably in Hawkins’ best interest and she believed that it was the right choice, Umina said.
Hawkins said she was addicted to OxyCotin after two brain surgeries and has since been to rehab.
