Justice Prevails: All Charges Against Texas Man Dismissed and Expunged
All charges against Thomas A. Himmer have been dismissed and expunged after he was accused of stealing more than $400,000 from his 84-year-old Aunt from September 2017 to October 2019.
Himmer of The Woodlands, Texas, appeared in Cambria County court on October 7, 2020, after investigations and forensic audits were conducted by the Cambria County Area Agency and Wessel & Company, respectively.
He was charged with three counts each of theft by deception and receiving stolen property and two counts of forgery. Himmer also faced charges of access device fraud, dealing in proceeds of unlawful activity, and tampering with records.
On December 7, 2021, after a pandemic delayed judicial process and further investigation, all charges were dismissed. On January 13, 2022, an expungement order was signed by Cambria County President Judge Norman Krumenacker.
Himmer's attorney, David Weaver of Johnstown, Pennsylvania, said, "I can tell you that after practicing law for almost half a century, there are few things more profoundly hurtful and damaging to a person than being charged with a crime he didn't commit. In this case, thankfully, the Commonwealth realized its mistake and made the legal corrections in order to clear Tom Himmer's name."
"This case was the result of a series of botched investigations, including the police, that assumed guilt, failed to validate false statements, and relied
on poor witnesses that lacked knowledge of relevant facts," said Himmer. "Neither I nor several others with direct insight into my relationship with my beloved Aunt were interviewed or questioned prior to charges being filed."
Himmer added, "The forensic audit was nothing more than a compilation of transactions either executed by or authorized by my beloved Aunt. There needs to be a higher standard for criminal prosecution because the personal and professional consequences when done inappropriately are devastating."
When asked how he felt about the expungement and clearing of his name, Himmer responded, "This case was a tragedy on so many fronts. My family and I are thankful for its resolution. We will rise above this and follow the path God provides. I look forward to continuing a personal and professional life of service to others.
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