The punishment chosen by Ozaukee County Circuit Judge Joseph McCormack was the same as what was recommended in a sentencing report and far less than the five years in prison recommended by prosecutors.

The sentence includes Huber work release privileges.

Wucherer also was ordered to pay more than $19,000 in restitution, mostly to cover the costs of investigating how much money he stole. That is on top of $40,000 he has repaid to the City of Mequon, a Mequon firefighters charity and a firefighter-led fund for Hurricane Katrina victims.

The 56-year-old Wucherer, who had been a member of the Mequon Fire Department for 29 years and its chief for nearly three, shed tears during the hearing. Afterward, he said: "To do this is totally unacceptable, and I should pay the price for it."

Wucherer was forced to resign as fire chief in January 2006 after he submitted unusual expense reimbursement requests to the city. Investigations eventually determined that he embezzled more than $40,000 through bogus city expense reimbursements and by writing checks to cash or to himself drawn on the accounts of the two charities, according to a criminal complaint filed in the case. Wucherer had authority to write checks from both funds.

Two 17-year members of the Mequon Fire Department, including Brian Bublitz, a past president of the firefighters charity, urged McCormack to be lenient. They described Wucherer as a mentor and an outstanding firefighter.

In asking for a prison term, prosecutor Jeff Sisley said Wucherer had abused positions of public trust. "He's done many great things, but this is a terrible thing," Sisley said.

But Wucherer's attorney, Michael Piontek of Racine, said Wucherer hadn't violated the public's trust in terms of administering the Fire Department and that his good works called for lighter treatment. McCormack agreed.

The judge said violating the public trust is "egregious," and that it is important in sentencing to deter similar crimes and to counter a belief -- McCormack called it largely a myth -- that white-collar criminals get light sentences.

But McCormack said those factors had to be weighed against Wucherer's public service, clean record prior to this case and his efforts to deal with his gambling problem.

Rather than go to trial, Wucherer pleaded guilty to seven counts of theft, forgery and misconduct in public office charges. In exchange, 23 other counts were dismissed.

Wucherer has requested to serve his jail term in Brown County, where he now lives. He must report to the Ozaukee County Jail to begin his jail term on May 5.

Written by Milwaukee Journal