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Former San Benito County Free Library supervising librarian Erin Baxter was sentenced Sept. 4 to 364 days in county jail and two years of probation, District Attorney Joel Buckingham told BenitoLink.
He said the court ordered Baxter to pay $332,070 in restitution and to surrender to the San Benito County Jail on Oct. 3.
Baxter was charged in May 2024 with three felony counts involving an embezzlement scheme, including forgery and conspiracy to commit a crime with public funds.
Buckingham said investigators found Baxter embezzled about $360,000 of the library’s money on merchandise between July 2022 and April 2023. He said investigators reviewed the purchased recorded with the auditor controllers office.
San Benito County Sheriff Eric Taylor previously told BenitoLink that the merchandise, including camping equipment and electronics, was found at Baxter’s home. He also said Baxter opened up a number of accounts that allowed her to order merchandise. No actual cash had been taken, he said.
In the Sept. 9 San Benito County Board of Supervisors meeting agenda, there is an item related to the library. The staff report states, “It was discovered that the invoices from Amazon had been altered using Adobe Pro to disguise the purchases for payment. Those invoice statements were submitted to the Auditor’s Office and paid.”
Buckingham said Judge Patrick Palacios originally “executive and suspended” a sentence of two years in state prison.
“What that means is that she’s been sentenced to state prison in terms of what the paper commitment says,” Buckingham said.
Regarding the court’s decision not to send her to state prison he said, “It makes sense because she has no prior record. There’s no risk of violence. From the court’s assessment, from probation’s assessment there’s not really an ongoing danger to the community.”
Buckingham said Baxter requested to not do jail time in order to continue to work and begin the restitution process, but the request was denied.
“Our office’s position was that it is more important at this particular stage of the situation for her to do actual physical custody time,” he said. “Restituion is important and we do want to see restitution made but we have to make sure that people go to jail when these things happen.”
Asked how he felt about the outcome, Buckingham said the sentencing was within the range he expected, given what the law allows. He said, however, there is a difference between what the law allows and what feels just.
“Given the loss of integrity, trust, the breach of trust that was exhibited towards the public by this government official, I think that’s where justice feels like it calls for more,” he said.
A second person accused in the embezzlement case, Mary Alvarez, is scheduled for trial on Sept. 8.
Baxter initially pleaded not guilty in July 2024 but changed her plea on March 20. Alvarez, who faces charges of conspiracy to commit a crime, pleaded not guilty in September 2024.
The San Benito County Board of Supervisors, which owns the library, will consider on Sept. 9 whether to request bids to conduct an audit and analysis of “possible embezzlement from the library.”
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