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Posted on Thu, May 26, 2011 : 5:59 a.m.

Man accused of embezzling at least $20,000 from Washtenaw Dairy

By Lee Higgins

A man who started out as a donut maker at Washtenaw Dairy nine years ago and worked his way up to sales manager is accused of embezzling at least $20,000 from the company over the past several years, Ann Arbor police said.

David Jacob Halman, 56, of Ann Arbor is charged with two counts each of embezzling more than $999 but less than $20,000 and larceny by conversion of more than $1,000 but less than $20,000.

Halman was arraigned Monday and released on a promise to appear in court, Washtenaw County court records show. His attorney, Michael Gatti, could not immediately be reached for comment this afternoon.

Halman.jpeg

David Halman

Ann Arbor police Lt. Mark St. Amour said the investigation began in March when one of the store's owners contacted police to report the money missing. St. Amour said he did not have details about how Halman allegedly took the money.

Jim Smith, who co-owns the dairy, said he contacted police after a company sent a large payment to the dairy and it went missing. Halman had been in charge of billing for several years, he said.

"It's just a sad thing that people do this," Smith said. "It made me feel stupid because I thought I had every hole plugged. I thought I knew everything that was going on."

wiernik.Wash Dairy1.JPG

Jim Smith, co-owner, paints Washtenaw Dairy in this AnnArbor.com file photo.

Halman was convicted roughly 10 years ago of false pretenses of $20,000 or more in Macomb County, state Department of Corrections records show.

Halman disclosed that conviction when he interviewed to be a donut maker at the dairy on South Ashley Street, Smith said. Smith said he believed Halman deserved a second chance. Halman made himself a valuable employee, Smith said, including filling in for the truck driver and accepting other responsibilities.

Halman told the Ann Arbor News in 2009 that he considered the dairy a family.

"From the kids who work at night dipping ice cream cones to the owners Jim Smith and Doug Raab to the managers, it's a small, tightly knit family that cares about our community and is here to service the community and see that everybody really has a nice experience," he said at the time.

The theft hurts, Smith said, because it means the dairy will have less money to make donations to local charities. If Halman is guilty, Smith wants him to spend time behind bars, but said he isn't getting his hopes up.

"There are no judges in Washtenaw County that are going to put anyone in jail for embezzlement," Smith said.

Halman is scheduled to return to court for a preliminary hearing on June 22.

Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.

Comments

Matt Cooper

Sat, Jun 4, 2011 : 2:17 p.m.

I think we have forgotten that the article is about a great man that was robbed of his hard earned money by a convicted felon. I personally find it disgusting that some here feel a need to hijack the entire article to fulfill their own personal need to be "right" about the commenting process on this website. Just so you know, it ain't all about you and your silly need to prove a point. Secondly, this website is not a court of law, nor is it a branch of government, and not being such it is not required to follow the same rules of evidence as a court of law. They can publish anything they want, and in any format they want. Until all you expert editors are in a position to force changes, if you don't like the way they present their stories, don't read them.

Elaine F. Owsley

Thu, May 26, 2011 : 10:30 p.m.

While it might be nice to hire someone with a record like this guys', it was a big mistake to put him in charge of money matters. Kind of like leaving a former drunk in charge of the distillery.

LSB

Thu, May 26, 2011 : 5:16 p.m.

<a href="https://www.facebook.com/home.php?sk=group_229838460366489&ap=1" rel='nofollow'>https://www.facebook.com/home.php?sk=group_229838460366489&amp;ap=1</a> Friends of Washtenaw Dairy! All of you who are interested in supporting great local businesses, let's meet our ice cream needs at Washtenaw Dairy this summer and help them get beyond this bad moment.

Dexterdriver

Thu, May 26, 2011 : 6:12 p.m.

That a great idea! See ya there.

MOTAY

Thu, May 26, 2011 : 4:05 p.m.

This is exactly why they should have been paying workers in ice cream!

Dexterdriver

Thu, May 26, 2011 : 3:58 p.m.

Let's hold the inevitable violins feeling sorry for this guy (oh, he's just accused, not necessarily guilty, uh, huh) who didn't learn the first time that ripping off people he works for will get you some bad press and public condemnation. These awful acts which people in positions of trust handling money for businesses of many types pull off, are on the rise all over the country. One reason for this is a misguided feeling that, &quot;gee, he didn't hurt anybody, can't he just pay (some of it) back?&quot; That's a crummy attitude that partly encourages these corrupted jokers to pull off these heists. The law needs to drop the plea bargaining and giving these crooks community service and all kinds of time to make restitution. If the charges in this despicable act prove true, it is in all of our best interest that no leniency be given to this perpetrator. All the sorry looking mug shots in the world won't change what was done.

Cash

Thu, May 26, 2011 : 4:45 p.m.

Do not ever get on a jury, please.

fight hunger

Thu, May 26, 2011 : 3:36 p.m.

why did he do it

Dukdust

Thu, May 26, 2011 : 2:41 p.m.

OK...I will do my part! Doughnuts every morning and ice cream every night to help make up the 20K loss!

Jen Eyer

Thu, May 26, 2011 : 2:13 p.m.

A reminder to please phrase your comments in a way that does not presume guilt on the part of the accused. &quot;Allegedly&quot; and &quot;If he is guilty&quot; work well. Thank you.

Craig Lounsbury

Fri, May 27, 2011 : 10:19 a.m.

&quot;we have no obligation to use any qualifying words...&quot; The catch there is that Ann Arbor.com has no obligation to leave your posts up either. So they make the rules and if you/we don't play by their rules we don't get to play on their web site.

shadow wilson

Thu, May 26, 2011 : 4:21 p.m.

That is preposterous.The purpose of reader feedback is to voice our opinions.This forum is not a courtroom we have no obligation to use any qualifying words such as &quot;allegedly&quot; et,al....

A2K

Thu, May 26, 2011 : 2:04 p.m.

Sorry to hear that this happened to this wonderful business...but this article reminds me that I need to stop in for donuts and ice cream when the weather warms up this weekend :O)

DeeAA

Thu, May 26, 2011 : 1:55 p.m.

shouldn't this headline read &quot;at MOST $20,000&quot; rather than &quot;at least. That's what I glean from your article.

Jen Eyer

Thu, May 26, 2011 : 2:08 p.m.

He is charged with *two* counts of embezzling up to $20,000, and larceny by conversion of more than $1,000 but less than $20,000. As the story states, we're told that he's accused of taking *at least* $20,000.

MjC

Thu, May 26, 2011 : 1:45 p.m.

Access to cash is tempting to even the most honest people on this planet; that's why it's so important to have best practices and layers of security measures in place. Even long-term employees need to be reminded on a regular basis about business policies, procedures, and job expectations. I'm sorry to hear about this incident at Washtenaw Dairy. There are no better tasting donuts in all of A2!

Major

Thu, May 26, 2011 : 1:41 p.m.

&quot;There are no judges in Washtenaw County that are going to put anyone in jail for embezzlement,&quot; Isn't that the truth! they're too busy busting people that run over duckies and smoking pot...pathetic! Oh and I love the assumption of guilt here AA.com, I've had many a comment removed for less assumption than you have done here!

MjC

Thu, May 26, 2011 : 5:01 p.m.

If someone intentionally harms an animal (which is what the witnesses in the duckling crime claim)... it is a serious crime that should be punished. I don't understand why you take that incident so lightly. And name one A2 judge that puts someone in jail for smoking pot.

Barry

Thu, May 26, 2011 : 2:42 p.m.

Which judge in Ann Arbor sends someone to jail for smoking pot?

Proud Chippewa

Thu, May 26, 2011 : 1:15 p.m.

I used to work at The Dairy in high school and everything you hear in this article and it's comments is true. It IS a family and employees down to the kids dipping cones on the front lines are treated as such. Jim is a true AnnArborite as big-hearted as they come. Ran into him a month or so ago after not seeing him for years and he remembered me and told me to come in for a free shake. Who could bring themselves to rip off a guy like that off? I know times are tough but geeze! Keep fighting the good fight Jim. We'll be there lined up around the corner soon, as always, to help make up for the loss!

Cash

Thu, May 26, 2011 : 1:04 p.m.

Wait...what happened to the AA.com policy that a person is presumed innocent unless proven guilty in court? I'm not commenting about either the accused or the alleged victim. And I realize the alleged victim is a nice man and everyone likes him. But I have seen many the comment removed when an accused is assumed guilty. Now, the article itself does that. What if the man is found innocent? How do you retract this article? You can't.

Cash

Fri, May 27, 2011 : 7:23 p.m.

Paula, I disagree but Jen had already called me yesterday and we discussed it privately. Thanks.

DBH

Fri, May 27, 2011 : 5:10 p.m.

Thank you for that explanation, Ms. Gardner. I agree with the entirety of your comment.

Paula Gardner

Fri, May 27, 2011 : 5:05 p.m.

I realize that I'm weighing in here as the conversation winds down, but do want to say that we take seriously with our reporting that there is no presumption of guilt when a person is charged with a crime. I don't believe we violated that with this article, and readers are welcome to contact me about specific areas of concern. This story may be generating some concern because it's a little different from many other crime/court stories: the victim was willing to be interviewed and because this first report came after an arraignment, so the accused's name, history and other information is also part of the report.

Jen Eyer

Fri, May 27, 2011 : 3:41 p.m.

Ok, folks. Let's wind down this side argument.

DBH

Fri, May 27, 2011 : 3:38 p.m.

Presumption of innocence a personal issue? For me, not yet, fortunately. But for the citizenry, of which I am a part? Of course. That is why I defend those in these stories when commenters make comments that imply or presume the accused are guilty. Your ad hominem arguments statements are transparent. Clearly you have no valid response to the points I made in my earlier reply. It is difficult for some to admit when they are wrong. I understand, Cash.

Cash

Fri, May 27, 2011 : 3:28 p.m.

Sounds like a very personal issue. Odd to actually recall other people's posts from previous articles and subjects. Very odd. There is the ability to disregard other's posts. I have never used it, but will now.

DBH

Fri, May 27, 2011 : 3:22 p.m.

Um, no Cash, I am not following you around on this site. I do, though, tend to remember some comments (and, therefore, the commenters) when they make such egregious statements as you did regarding Mr. Heyman. If that is all the response you can muster to my previous comment, then I have my answer. Thanks.

Cash

Fri, May 27, 2011 : 3:17 p.m.

Honestly, I'm also a bit concerned that you actually follow me around at this site! Goodness.

DBH

Fri, May 27, 2011 : 1:34 p.m.

I am as vociferous opponent of presumption of guilt by commenters as anyone on this site, at times even more so than the moderators. As the law does, I presume this accused is innnocent. Nonetheless, to accuse this reporter, or of AnnArbor.com in general, of violating the presumption of guilt in this case is ludicrous, and you can offer no evidence that they have. Have they presented an incomplete picture of all possible relevant facts by not trying to interview the accused or his attorney (though it would be highly unlikely either would share anything with anyone, other than for the attorney to say &quot;My client is innocent.&quot; - I would expect nothing more)? Yes, they have. Could they have tried to interview other employees, perhaps done some actual investigative reporting themselves? In theory, yes, but AnnArbor.com seems to either be unwilling or unable to do so. So, is the story likely to be a nominee for excellence in reporting? No, it will not be. But that is an entirely DIFFERENT matter than violating the accused's presumption of innocence. Has this reporter or AnnArbor.com done so in this instance? Most assuredly not. Once again, I ask for direct evidence that they have done so. I am confident you will be no more successful in providing any evidence than you have been to date. There is no evidence because, contrary to your initial comment, they have not done so. I find this matter surprising and ironic, your chastising the reporter and AnnArbor.com for presenting a story without trying to verify some potentially additional facts. Wasn't it you who characterized Howard Heyman's online auction of Vada Murray's jersey (<a href="http://www.annarbor.com/sports/um-football/michigan-football-jersey-that-have-been-vada-murrays-for-sale/),">http://www.annarbor.com/sports/um-football/michigan-football-jersey-that-have-been-vada-murrays-for-sale/),</a> or the timing of it, as "disgusting" without (as far as I know – correct me if I am wrong) having talked to Mr. Heyman? Circumspection, please, circumspection.

Cash

Fri, May 27, 2011 : 10:28 a.m.

A community should not RUSH to judgment. if you do NOT think this happened in this case, fine. Just read some posts here. Only a few were removed, per new policy. I am tired of prosecutors and reporters trying a case before it ever goes to court. Enjoy it all you want. Remember at some point, you could be the accused.

Cash

Fri, May 27, 2011 : 10:08 a.m.

I do not retract my post....only the owner of the business is interviewed and quoted. He mentions the employee and the reporter mentions the prior. No one knows if that prior will be allowed in the trial bu that doesn't matter. Suppose that someone ELSE took the money...is that even mentioned as a possibility? The article point to him as the only suspect. Do we know that is true? I think the lawyer for the accused should have been interviewed. Jsut because you can't reach him at that moment doesn't mean he shouldn't be considered. Jen and I discussed this privately. The policy here is changing. She will annouce it soon.

DBH

Fri, May 27, 2011 : 3:14 a.m.

@Jake C, I entirely agree with you, as my reply preceding yours indicates. I think Cash needs to provide some evidence of her accusation, or retract it.

Jake C

Fri, May 27, 2011 : 3:06 a.m.

&quot;Jake, you read the article differently than I do.&quot; No, Cash, I read English, which is what this article was written in. It's also written in the standard format used for almost anyone who is accused of a crime in the entire United States. You even used the same &quot;alleged&quot; term that is used repeatedly in the article. Unless you'd care to point out what exactly makes this article presume Halman's guilt, I'm inclined to believe that you're just being obstinate for no good reason.

DBH

Fri, May 27, 2011 : 2 a.m.

Cash, you make a serious accusation, but include no quotes from the article to substantiate your claim. Quote anything from the article that supports your accusation that the &quot;article itself&quot; assumes the accused is guilty. Thanks in advance.

John B.

Thu, May 26, 2011 : 3:42 p.m.

&quot;And, comment/posts are removed for presuming guilt as part of the commenting policy. It may be their right to presume guilt...however it has not been their right to POST based on that assumption. At least it never was their right before.&quot; Until a2.com recently became desperate for page hits, anyways....

Cash

Thu, May 26, 2011 : 1:57 p.m.

Jake, you read the article differently than I do. And, comment/posts are removed for presuming guilt as part of the commenting policy. It may be their right to presume guilt...however it has not been their right to POST based on that assumption. At least it never was their right before.

Jake C

Thu, May 26, 2011 : 1:47 p.m.

Where does the article presume Halman's guilt? I see proper use of the terms &quot;accused&quot;, &quot;charged&quot;, and &quot;allegedly&quot; in every sentence that links Halman with the embezzlement. Comments are another matter entirely, and commenters don't have the same level of scrutiny required by the media, and especially by the law. If someone wants to assume that Mr. Halman is guilty (especially based on past behavior) then that's their right to do so.

Chandelle German

Thu, May 26, 2011 : 12:46 p.m.

I am so saddened by this story, I grew up going here weekly, sometimes more than once a day. The people who work here are fabulous and I am so sad that someone would do this to him. :(

Tom Joad

Thu, May 26, 2011 : 12:44 p.m.

In retrospect he didn't deserve a second chance. Like they say once a thief...

grye

Thu, May 26, 2011 : 2:03 p.m.

Tom didn't say he is guilty of the current charge, only that he didn't deserve a second chance after the first. Of course I disagree. People make mistakes. Some will learn from their lesson. Others won't. You can't assume first time offenders are always going to be bad.

Cash

Thu, May 26, 2011 : 1:19 p.m.

Tom, How is it you already know the man is guilty?

zip the cat

Thu, May 26, 2011 : 12:22 p.m.

WOW I just can't understand how business owners give any employee access to the funds without checks and balances. I own a small business like mr smiths and I and only I get anywhere near the money EVER. How many cases of this nature have we had in this county lately,way to many. And every one was because the owner gave a so called trusted worker full access to the mother lode. I go to this place,its a great place for Ice cream,I am sorry to hear it happened but hey, Wake up people its sad to say that in todays world you trust no one.

roz

Thu, May 26, 2011 : 2:09 p.m.

Plenty of businesses are large enough that the owner has to hire someone to handle the finances. It sounds like the checks and balances were pretty good - even though the accused was trusted, the owner had the controls in place to figure it out. What a shame that someone so kindhearted was cheated like this.

Wolf's Bane

Thu, May 26, 2011 : 12:15 p.m.

Wow, embezzling from a local institution? David Jacob Halman, 56, of Ann Arbor should be ashamed!

Cash

Thu, May 26, 2011 : 5:14 p.m.

bill, No, he is a citizen who has a right to be presumed innocent just like you would be if you accused of a crime. I would also stand up for you in the same situation. That is the way our justice system is supposed to work.

Wolf's Bane

Thu, May 26, 2011 : 4:35 p.m.

Of course Cash, guilty in the eyes of the press. Why? Is he your Dad.

Cash

Thu, May 26, 2011 : 1:16 p.m.

bill, So you already know that man is guilty after reading this article?

smokeblwr

Thu, May 26, 2011 : 12:09 p.m.

Unfortunately this fellow will probably only get a few months in the joint and then be out ready to take advantage of the next kind-hearted employer.

John Tucker

Thu, May 26, 2011 : 11:28 a.m.

Jim has worked hard to keep the Dairy, an Ann Arbor institution going and it is disheartening to see this happen to him. I am sure that Jim will rise above this with the help of the community and his friends.

Craig Lounsbury

Thu, May 26, 2011 : 11:08 a.m.

&quot;Halman was convicted roughly 10 years ago of false pretenses of $20,000....&quot; I am glad Mr. Smith was willing to give the guy a second chance and saddened that he was burned for his kindness. As actionjackson alluded, these sorts of things make it a little harder for the next person looking for a second chance.

Craig Lounsbury

Thu, May 26, 2011 : 11:23 a.m.

I might add that the amount in question equates roughly to the number of donuts I ate from there over the years. ;)

Elizabeth Nelson

Thu, May 26, 2011 : 10:52 a.m.

Geez... what a depressing story, like hearing about somebody who mugged the Easter Bunny. You just think: WHO would do such a thing??

actionjackson

Thu, May 26, 2011 : 10:43 a.m.

Doesn't fare well for the next person that really would do well with a second chance after having made a mistake in their lives. Sorry to hear about this guy pulling a fast one on Jim. Jim didn't deserve to be treated that way.

dconkey

Thu, May 26, 2011 : 10:17 a.m.

That is truly very sad. Anyone who knows Jim at the Dairy knows that the he has one the biggest hearts around. To steal from this man is goes beyond comprehension.

Hemenway

Thu, May 26, 2011 : 5:27 p.m.

I know the Raab Family, very great people.