Ex-Morro Bay planning commissioner gets jail time for plundering dead client’s estate
A former Morro Bay estate attorney and planning commissioner who led an unsuccessful effort to recall the city’s mayor will spend about four months in County Jail following his no-contest plea to a charge of grand theft from the estate of an elderly client.
John Patrick Fennacy, 51, was sentenced Monday in San Luis Obispo Superior Court after pleading no contest in October 2015 to a felony charge of grand theft exceeding $950, in exchange for the dismissal of a criminal enhancement of taking property exceeding $65,000.
He originally faced up to a year in County Jail. But under the terms of his plea, Fennacy will serve 240 days with an automatic credit of half-time, plus two additional days of credit for time served. After he reports to jail in April, he could be released after 118 days.
Fennacy must also complete 100 hours of community service and pay a yet-to-be-determined amount of restitution. He will not be permitted to practice law until the completion of five years of formal supervised probation.
According to a complaint filed by prosecutors in February 2015, Fennacy — whose now-defunct website listed him as specializing in elder law and estate planning — stole at least $65,000 from a client’s trust fund. He had no previous record of discipline, according to the California State Bar website.
A report filed in the case by the San Luis Obispo County Probation Department states that Fennacy represented the estate of a deceased Morro Bay resident in 2012. The client’s niece reported to law enforcement that after assets were distributed to people listed in the aunt’s will, Fennacy was to take his legal fees and then divvy up specific percentages to five charities.
The report states that Fennacy did not pay the charities roughly $70,000 and tried to cover it up when confronted by the niece. Fennacy reportedly apologized to the niece, saying he has struggled with alcohol abuse, and pledged to pay the charities in monthly payments.
“It appears the combination of alcohol and ego guided the defendant’s poor judgment,” the probation report reads.
Fennacy served on the Morro Bay Planning Commission from January 2012 to May 2014 and was among the leaders of an unsuccessful bid to recall Mayor Jamie Irons in 2013.
He was the former owner of Brickhouse BBQ, which was handed over to his son in 2014. According to the Probation Department, Fennacy now works there as a chef. Federal court records show that he filed for bankruptcy last year.
He is scheduled to report to County Jail on April 8. Court records show a restitution hearing is planned for May 9.
This story was originally published February 9, 2016 at 4:22 PM with the headline "Ex-Morro Bay planning commissioner gets jail time for plundering dead client’s estate."