STUART — Shortly before a judge on July 2 ordered Shelby C. Kopelcheck to prison for 10 years, she insisted she wasn’t remorseful for the crimes a jury convicted her of in May related to stealing nearly $1 million from an 83-year-old Jensen Beach man.
“There’s nothing for me to feel guilt about for anything that I’ve done in this case,” Kopelcheck told Circuit Judge William Roby. “Except I still believe that the family needs to come together in troubled times and to forgive past hurts.”
She was speaking about relatives of Charles Royal, who she called “dad” and who prosecutors said Kopelcheck had exploited for years before his death at age 83 in January 2023.
Kopelcheck, of the 1700 block of SE Westmoreland Boulevard, was charged in October 2022 after an investigation by the Martin County Sheriff’s Office determined that between August 2018 and December 2021, she had diverted more than $850,000 from Royal, who had dated Kopelcheck’s mother for years prior to her death, court records show.
After a weeklong trial, a jury on May 16 convicted Kopelcheck of exploitation of the elderly, $50,000 or more, and first-degree grand theft, $100,000 or more.
Jurors were told that Royal, who had been living at The Cabana at Jensen Dunes, had dated Kopelcheck’s mother, who for years cared for him and had durable power of attorney to handle his financial affairs.
When her mother became ill in September 2018, Kopelcheck stepped in and took over as Royal’s durable power of attorney, meaning she could make financial decisions for him even if he became incapacitated.
In a bid for leniency July 2, Kopelcheck told Roby the only conduct she’s guilty of “is loving and caring for two people that after over the last 20 plus years, did the same for myself and my children.”
“Judge Roby I am asking for your mercy as I did not intend to commit any crimes,” she said. “I did exactly what I was told by a parent of what their expectations of me were when they asked me to take over, and do exactly what my mom had done in the past, what he (Royal) had asked her to do.”
Assistant State Attorney Kristen Chase, who prosecuted Kopelcheck with Assistant State Attorney Richard Bodek, reminded Roby that “we aren’t here because the defendant committed some sort of accounting error.”
“We’re here because the defendant engaged in a systematic theft from an elderly man who placed his trust in her. We agree that Charles Royal loved the defendant. And that’s why he felt that he could trust her and gave her access to his money to help take care of him,” Chase said in arguing for a prison term of 15 years. “Well, what she actually did was stole nearly a million dollars from him.”
Jurors were told after Kopelcheck moved Royal into an assisted living facility in April 2019, his financial records showed pages of financial transactions in Martin and Palm Beach counties and in the Keys related to real estate transactions.
She sold properties owned by Royal, including his main residence and another property in Riviera Beach and put the funds into a joint account on which jurors were told she was listed as a secondary owner.
With proceeds from one property that sold for $1.1 million, she purchased two properties in Marathon Key and had them deeded in her name, court records show.
When Charles Royal’s son Steven Royal addressed Roby, he urged him to impose a sentence that puts the community on notice.
“We’ve got to send a message that this district, this court, will protect its most vulnerable, the elderly,” he told Roby. “Even as hard as that decision may be with all the circumstances in this case … this is the only way that we can at least have some justice in the case.”
Kopelcheck’s attorney Joshua Deckard, argued for Roby to go below the guidelines and sentence her to a combination of about two years of house arrest and 10 years of probation.
“We know that the evidence shows that Mr. Royal wanted to care for Shelby and her family,” he said, while acknowledging the jury’s verdict.
“Given the evidence in the case, I don’t believe in my heart today that Ms. Kopelcheck has used or stolen or misappropriated the $750,000 plus that the state alludes to,” Deckard said.
Roby though, rejected the arguments and imposed a 10-year prison term followed by 15 years of probation. He ordered Kopelcheck to pay restitution of $670,501.99.
“I find in this particular situation that there has not been competent and substantial evidence presented allowing me to depart,” Roby announced. “And had I decided that there was substantial evidence to depart, I would not exercise my discretion to depart based on the aggravating and mitigating factors of this case.”
State Attorney Tom Bakkedahl, who attended the sentencing, called Kopelcheck’s punishment “reasonable.”
“In this circuit, we’re not going to tolerate crimes of this nature against elderly and vulnerable people. So here’s somebody who’s never been convicted of a crime. She’s going to prison,” he said. “And I think that that’s a just and appropriate disposition in this case.”
After Kopelcheck was handcuffed in court and taken into custody, Deckard said they intend to appeal her case and he’ll be seeking for her to be released on an appellate bond while her case is pending. That includes rulings by Roby on July 2 that denied a defense motion for a new trial.
“There were various trial issues that we believe that the appellate courts are going to have to review,” Deckard said after court. “And I believe the judge has made it very, very clear ever since the jury’s verdict that he believes that there are appellate issues that need to be considered.”
Melissa E. Holsman is the legal affairs reporter for TCPalm and Treasure Coast Newspapers and is writer and co-host of “Uncertain Terms,” a true-crime podcast. Reach her at melissa.holsman@tcpalm.com.
This article originally appeared on Treasure Coast Newspapers: PSL woman sentenced to prison for embezzling about $1 million from a Jensen Beach man
Reporting by Melissa E. Holsman, Treasure Coast Newspapers / Treasure Coast Newspapers
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