A woman in a caregiving role who stole from a couple in their 90s will spend a month in jail as a result.

Nancy L. Powell, 35, Jamestown, NY, was sentenced on two access device fraud counts by President Judge Maureen Skerda on Friday morning.

Assistant District Attorney Casey Strickland said the conduct occurred in August 2019 when Powell was hired to provide care for the couple.

She said the man she was providing care for agreed to sponsor something for her son. She ran his card for that and took more than the sponsorship amount.

Strickland said Powell then took $300 on three separate occasions in a five-day period. She said the conduct was uncovered as quickly as it was because family was involved both in their care and in management of their finances.

A son of the victim addressed the court and acknowledged the “care and compassionate care” that Powell provided.

“Our family,” he said, “forgives you.”

The son said the criminal charges were both to hold Powell accountable but also to serve as a warning to others. He said it’s the family’s hope to use this to make us more like Jesus Christ.” He said Powell should “use this time to think about your life” so she can become a blessing.

Strickland said the victims trusted Powell and she “deliberately took advantage.”

She asked for an aggravated range sentence, telling the court that Powell snuck into the backroom to use the victim’s credit card.

Powell’s attorney, Elizabeth Feronti, said that restitution has already been paid.

Powell told the court “how deeply I regret what happened” and that she is “trying super hard to turn my life around.

“I’ve made mistakes in the past,” she said. “(I’m) trying to fix all my wrongs, trying to give it my all right now.”

Skerda asked why she took the money.

There is “no excuse for it,” she responded.

Skerda agreed with Strickland that Powell did “prey upon elderly people in the community” and also recognized her attempts to improve her life.

However, she said, jail time is appropriate in the case.

Powell was then sentenced to 30 days to two years minus a day in the county jail with credit for three days time served, $1,425 in fines and fees, 70 hours of community service, submission of a DNA sample and participation in the COG program on a count of access device fraud.

At a second count, Powell was sentenced to five years probation, a $500 fine and 100 hours of community service.