Sherry Waldron, a Sangamon County sheriff’s deputy fired after being accused of stealing plants in 2012, has been ordered reinstated by an arbitrator who also ruled that she is entitled to back wages, which could cost the county six figures. The decision marked the second time that arbitrator Dennis McGilligan has ordered Waldron reinstated. His first ruling was overturned by Sangamon County Circuit Court Judge John Madonia, who decided that McGilligan had used the wrong standard of evidence, “clear and convincing,” to decide Waldron’s fate. Madonia in his November ruling decided that McGilligan had to find by “preponderance of the evidence,” the lowest possible threshold, that Waldron had swiped potted plants from a Sherman park, meaning that it was more likely true than untrue that Waldron, who was acquitted of theft charges by a jury, stole the plants. Still outstanding is the question of what discipline Waldron might face for shoplifting groceries in a case unrelated to the alleged plant theft. Waldron pleaded guilty to shoplifting groceries from Schnucks on Sangamon Avenue after her acquittal in the plant case. Although she pleaded guilty to retail theft, Waldron received court supervision, meaning that her admission of guilt doesn’t count as a conviction under state law. Waldron has not yet returned to duty since McGilligan ordered her reinstated in late January.
This article appears in Mar 5-11, 2015.
