A plea agreement reached with jailed former Circuit Clerk Shelly Ashley-Palmertree gave her no additional jail time but guarantees restitution to more than 70 victims and county officials.

Palmertree pleaded guilty Monday to one count of embezzlement and was sentenced by Circuit Judge Isadore Patrick to five years in prison to run concurrently with her prior sentence.

District Attorney Ricky Smith said the plea agreement was to ensure 72 victims are paid restitution that was diverted by Palmertree for her personal use.

“Once we were able to ensure that we were going to be able to recoup the money that was due them, we felt it was our responsibility to accept the plea,” Smith said. “The county has their civil suit to pursue the money that is owed to the county, I was more interested in making sure the victims were compensated.”

The total funds embezzled are $103,736.75, Smith said. Palmertree tendered a check for $20,000 restitution Monday and must pay $1,250 a month to the district attorney’s office beginning May 10.

“That would continue for 53 months and in the 54th month she would have a payment that’s just over $900,” Smith said.

The money will be deposited into a special account so crime victims can be compensated. The $20,000 paid Monday will soon be turned over to its rightful owners, Smith said.

“We’re taking the responsibility of making sure the money gets paid to the victims. The payments will be made to the district attorney’s office and we will disperse that money,” he said.

An additional $20,000 of Palmertree’s restitution belongs to Warren County, Smith said. Nearly $10,000 will be paid back to Ninth Circuit Drug Court, and another $10,000 will be paid to the Warren County Board of Supervisors, he said.

Supervisors worried Monday that they would never see a cent of payment from Palmertree. District 1 Supervisor John Arnold said he was also displeased with the former circuit clerk not receiving additional jail time.

“We as supervisors have fought for this and spent tax money from Warren County to see that justice is and justice has not been done. It has been swept under the rug just like it has in the past,” Arnold said.

District 4 Supervisor Bill Lauderdale also expressed dissatisfaction.

“They’ll sweep it under the rug and that’s the last we’ll see of anything. That’s the way the whole case has gone from the state all the way down,” Lauderdale said.

The case was investigated by Smith’s office. Under state law a district attorney’s office has the power to investigate independently of law enforcement.

“There was no local law enforcement involved in this one. The entire case was prepared, investigated and prosecuted by my office,” Smith said. “It’s kind of unusual. But I thought it was important enough.”

Palmertree was indicted for three counts of embezzlement in October but the case was not made public until she was served with a copy of the indictment in December. In exchange for the guilty plea, two counts of embezzlement were not prosecuted.

“I’m proud of my office that she was indicted in October and we were finished with it by the end of March,” Smith said.

In September, Special Judge Henry Lackey sentenced Palmertree to five years in prison for embezzling $12,000 from the civil and criminal accounts under her care. Those accounts contain fines and fees associated with civil and criminal cases.

Palmertree also faces ongoing civil litigation to determine whether she owes excessive salary and subcontractor payments to her father and predecessor in office, Larry Ashley.

Earlier this month Marcie Southerland, who is representing the county in the case, estimated a six-month time until a judgment is entered and agreed upon. Southerland now works as an assistant district attorney.