Barry A. Coy

Barry A. Coy, 47, 70 Birchwood St., Athens, Mich., was booked on a failure to appear charge of exploitation of an endangered adult and theft, both class D felonies. He was booked in the Kosciusko County jail at 11:44 p.m. Saturday.

Coy was arrested on a Governor’s Warrant to extradite Coy from Florida.

He was charged on March 9 for failure to appear. According to court documents on Aug. 29, 2013, Coy posted bond on the original charges. While he was present for a status conference on Oct. 20, 2014, he failed to re-appear for a final pre-trial conference on Dec. 18, 2014. A jury trial was set to begin in February 2015

County officials became aware the defendant was located in Florida and refused to waive extradition. A governor’s warrant was sought and issued.

Currently a three-day jury trial is set for 8 a.m. Aug. 11-13.

Original Charges

Coy’s original charges stem from December 2011 when he exerted unauthorized use of “the personal services or the property” of an endangered adult, Esther Peggy Felts, for his own profit or advantage, or profit or advantage of another person. The theft charge stems from unauthorized control of her property to deprive her of its value or use.

The affidavit of probable cause, filed Nov. 30, 2012, states on Oct. 26, 2012, Jeffrey Galloway reported his aunt, Colleen Schwalm, 10491 N. Moore St., Syracuse, and uncle, Barry Coy, who at that time resided in Kalamazoo, Mich., were given power of attorney over his grandmother Esther Peggy Felts. Galloway reported copies of expenditures Schwalm and Coy made were not in the interest of Felts. Felts was declared an endangered adult in Kosciusko County Superior I Court on March 8, 2012, and his mother had been power of attorney prior to Aug. 5, 2009.

Court documents show from March 2010 through July 2012, Schwalm removed $39,557 from Felts account and deposited into her account, spending the money on personal gain. In January 2012 Schwalm transferred Felts’ residence property deed into her own name.

Coy withdrew $52,713.74 on Dec. 31, 2011, from Felts’ bank account in Syracuse and on Jan. 3, 2012, Coy deposited that amount in his account in a different bank. It’s alleged Coy spent the money for personal needs and not in the interest of Felts.

The affidavit of probable cause also shows on April 26, 2012, Kosciusko Superior Court ordered Coy to return the money to Felts’ account, but has failed to comply with the court order. Both Coy and Schwalm were ordered to refrain from transferring, spending or gifting and funds from Felts’ account. Schwalm was also ordered to repay $19,000 and the residence property deed transferred back into Felts’ name.

He was initially arrested on Aug. 9, 2013. The charges against Schwalm were dismissed on Dec. 12, 2012. Coy is being held on $10,000 bond.