Byron woman ordered to pay back $21K stolen from employer

Stephanie Wagner of Byron pled guilty and was sentenced on two counts of felony theft from her former employer, Sammons Excavation, in Big Horn County District Court on Tuesday, Nov. 18. 

District Court Judge Bobbi Overfield largely accepted a plea deal negotiated by prosecutor Kimberly Mickelson and defense attorney Samuel Krone: two concurrent, five-to-seven-year sentences at the Wyoming Women’s Center suspended in favor of three years of supervised probation and $21,787.41 restitution for all counts, despite Wagner only pleading guilty to two of four felony and one misdemeanor charge. 

Charges were initially brought forth in August 2024 after a routine Wyoming Department of Labor audit found that Wagner, who was responsible for Sammons Excavation’s money, had duplicated her paychecks by pulling funds from other budgetary items. An investigation led by Big Horn County Sheriff’s Deputy Jason Beal found this behavior repeated from 2022 through the month before her termination in August 2024, totaling $8,134.84 in stolen money.

In addition, Beal found that Wagner had made $10,759.52 in unauthorized purchases with business owner Ty Sammons’ credit card, including paying her personal Verizon wireless bill and having her vehicle repaired. Wagner admitted to these discretions in two separate interviews with Beal.

Upon internal investigation, Sammons found Wagner had been paying her personal credit card off via transfers from the Sammons Excavation checking account, as well as paying herself vacation time she had not accrued by pulling from other employees’ vacation hours. Payments to Wagner’s card totaled $4,064.77 and stolen vacation pay $5,600. 

In all, the state was able to prove $21,787.41 stolen beyond a reasonable doubt. 

“I’m still of the belief that she took more money,” Sammons told the court during his victim impact statement. He alleged that debts to other small business vendors had amassed to a total around $200,000 due in part to Wagner shuffling funds meant to pay bills, causing his business to lose credibility and be offered a lower line of credit. Sammons reported he lost two employees after having to cut overtime hours in an attempt to recuperate, another took early retirement and the company had to liquidate equipment, allowing them to take on fewer jobs.

“I don’t wish it upon her to spend the rest of her life in prison over this … but I also was really disappointed in this plea deal because I feel that this just opened up the flood gates for anybody else that comes along. … It starts to look like embezzlement’s a pretty good thing to get into,” Sammons said. 

In a statement taken by BHSCO, Wagner said she took the money because her family had run low on funds. Wagner apologized to Sammons directly, as well as to her family and community, during her allocution. She stated that she had learned her lesson and it would not happen again. 

“She should have known working for me that long that I’m the first person you can talk to when you’re out of money, when you need help. I’ve loaned money to employees before. … I also feel that a lot of her actions and things she did over time became very premeditated and planned out,” Sammons said. 

Overfield seemed to agree, turning down the plea deal’s suggestion of a $250 monthly payment for a $550 one, to be finalized by a balloon payment no later than Dec. 31, 2026. She also tacked on 300 hours of community service, required Wagner to disclose purchases and contracts more than $500 with her probation agent beforehand and ordered her to enroll in and complete cognitive thinking group. Wagner provided an initial $2,500 payment at the time of sentencing.

“It’s the court’s interpretation that there should be some consequence above and beyond just making the victim whole. … The court is going to give priority to the victim in this matter, to get him paid back as soon as possible,” Overfield said.

“People should know that consequences do exist for these crimes, and they are substantial in nature to deter other folks from doing this.”