(Stillwater, Okla.) – A Cushing man, who was a part-time employee of Nishimuta Construction based in Mannford, has been placed on five years’ probation for passing a $150 check bearing the forged name of Michael Nishimuta at Bill’s EZ Out Convenience Store in Cushing in January.
Michael Peter Dirocco III, 25, who was originally alleged to have forged Nishimuta’s name on 36 checks, pleaded guilty Friday to one count of second-degree forgery after seven other counts were dropped by the prosecution.
Dirocco was ordered Friday to have a substance abuse evaluation, follow any recommendations in it, undergo random drug tests, perform 20 hours of community service in the Payne County Clean Program, and pay $1,380 restitution, as well as the cost of his incarceration, a $500 fine and a $50 contribution to the victims’ compensation fund.
Dirocco also pleaded guilty Friday to possessing methamphetamine and shoplifting in Cushing in February, for which he was placed on five years’ probation with an order to pay $200 in fines and assessments. Dirocco was released from the Payne County Jail Friday after entering his guilty pleas.
His roommate, Gregory Allen Tyler Wilkie, 24, of Cushing, who was also a part-time employee of Nishimuta Construction, has been jailed on $20,000 bond since Sept. 29 for failing to appear in court on four counts of second-degree forgery. Wilkie has now been scheduled to appear in court on Oct. 7 with an attorney.
Another former part-time employee of Nishimuta Construction, James Henry Walker Jr., 29, of Cushing, was arrested on Aug. 21 and released on $15,000 bond with an order to appear in court on Oct. 16 with an attorney on seven counts of second-degree forgery.
“The total combined restitution requested is $16,735,” according to an affidavit by Cushing Police Officer Jerrod Livergood.
In an interview at the Cushing Police Department in April, “Nishimuta advised he was going through his bank statements and he found multiple checks he did not write to three part-time employees. Nishimuta said he located a total of 36 checks that he did not authorize or sign,” according to the affidavit.
When the Cushing officer talked to Wilkie two weeks later, “Wilkie advised that he knew Michael Dirocco had stolen the checks from Nishimuta out of work trucks. Wilkie said he watched Dirocco cash multiple checks for a couple months,” the affidavit alleged.
“Wilkie said Dirocco signed Nishitmuta’s name on all 36 of the checks that were reported as forged. Wilkie said he watched Dirocco forge Nishimuta’s name while they were sitting in the driveway at their residence,” the affidavit alleged.
“Wilkie said he never took the checks or signed Nishimuta’s name on any of the checks. Wilkie said he knowingly cashed the forged checks for the total of $1,900,” the affidavit alleged. “Wilkie said he was willing to pay the money back,” the affiddavit alleged.
Three days later, the Cushing officer spoke to Dirocco, who “admitted to forging Nishimuta’s name on all 36 checks that he reported as forged,” the affidavit alleged.
“Dirocco said he took all of the checks from Nishimuta’s work trucks a couple at a time when he occasionally worked for him. Dirocco said he gave Walker and Wilkie multiple checks to cash.
“Dirocco said Walker and Wilkie knew the checks were stolen and forged,” the affidavit alleged. Dirocco said he was willing to pay the money back, the affidavit alleged.
Three days after that interview, the Cushing officer spoke to Walker, who “said he cashed nine checks that Nishimuta reported as forged and unauthorized. Walker said he knew the checks were not valid checks and that he knew what was going on,” the affidavit alleged.
“Walker said he cashed the checks because his girlfriend is pregnant and was trying to support his family. Walker said he was willing to pay the money back,” the affidavit alleged.
“Walker said he did not sign Nishimuta’s name on any of the checks because the signature was already on them when Dirocco gave them to him,” the affidavit alleged.
Forgery in the second degree is a felony carrying as much as a seven-year prison term on conviction.
Because Dirocco was given a deferred sentence as part of the plea bargain, he will not have a criminal record if he successfully completes his five-year probationary term.
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