A Tombstone man who pleaded guilty Monday to engaging in a fraudulent scheme to steal money from the O.K. Corral show will avoid a prison term if he pays his victim $50,000 before next month’s sentencing hearing, according to a plea deal agreed to by the Arizona Attorney General’s Office.
Timothy Wayne Fattig pleaded guilty to committing a Class 2 fraudulent scheme throughout 2017 during which he “misappropriated” funds belonging Robert Love and the Tombstone Historama which runs the O.K. Corral. Other examples of Class 2 felonies include manslaughter, production of child pornography, and kidnapping.
Fattig, 44, also promised to pay restitution in the amount of nearly $500,000 which a forensic audit showed was stolen between 2014 and 2018 while Fattig worked as the O.K. Corral show director. Three other felonies filed against Fattig were dismissed as part of the plea deal.
The main provision of the plea deal guarantees Fattig will be placed on probation when sentenced June 7 if he pays $50,000 to Love. He will also have to pay another $445,063 in criminal restitution while on probation, which will last at least seven years.
Where Fattig obtains the money to repay Love was not addressed during Monday’s hearing, meaning it is possible the $50,000 could actually be money taken from the O.K. Corral.
If Fattig does not make the $50,000 payment before June 7 then Judge Timothy Dickerson has discretion to place Fattig on probation or impose a prison term of three to five years. Fattig would be eligible for release from prison after serving 85 percent of the sentence.
Court records show Fattig was fired in February 2018 after Love conducted sting operations to figure out why revenues were substantially below expected during the busy tourist season. Fattig was interviewed by the Tombstone Marshal’s Office (TMO) and admitted stealing $4,000 to $5,000 over an 18-month period.
But the matter was soon referred to the Arizona Attorney General’s Office when the amount of the suspected theft jumped to nearly $185,000 after just a few weeks of investigation. A forensic audit of Fattig’s bank records back to 2014 revealed cash deposits totaling $481,063 during his employment and a $14,000 cash loan to a co-worker was discovered.
Love and his company filed a lawsuit against Fattig in 2018 for which Dickerson issued a $495,063 civil judgment in favor of the O.K. Corral. The plea deal Fattig accepted in court Monday sets his court-ordered criminal restitution at the same amount.
Fattig has remained out of custody pending trial. His release conditions were confirmed by Dickerson during the change of plea hearing. If Fattig fails to appear for sentencing next month then all stipulations contained in the plea deal will be thrown out. He would then face up to 12.5 years in prison.