Ex-Milton DPW chief indicted in $1M theft scheme against selectwoman's estate

Michael R. Smith (Facebook photo)

DOVER - A former Milton department head and resident has been indicted in the bilking of hundreds of thousands of dollars from a Rochester woman's estate.

Michael R. Smith, who was a former Department of Public Works director for the town of Milton, allegedly "obtained or exercised unauthorized control of (the victim's) money, by transferring the money into his personal account, having unauthorized checks issued to himself, and making multiple purchases and ATM withdrawals," the indictment states.

The indictment indicates Smith, 55, who currently lives in Avon Park, Fla., stole some $488,000 between Oct. 24 and Nov. 30, 2017.

The victim, who is now deceased and whose initials are "M.K." is thought to be Mary G. Kibbe, a former Milton selectperson, who died in 2017 at the age of 98. Kibbe also served as a library trustee as noted in the town's annual report from 1992.

That same year "Mike" Smith is listed as the town's public works director.

A source familiar with both Kibbe and Smith, who lived in Milton Mills, said the two were very close despite their vast age difference.

According to a statement released on Wednesday by New Hampshire Attorney General Gordon J. MacDonald, Smith was also indicted on three counts of attempted theft by unauthorized taking.

The indictments allege that, with the purpose that the crime of theft by unauthorized taking be committed, Smith provided three different financial institutions with forged documentation, which under the circumstances as he knew them to be, constituted a substantial step towards the commission of the crime of theft.

The total value of the assets that Smith allegedly tried to steal was more than $1.1 million.

The charges are all class A felonies and are punishable by up to 7 ½ -15 years at the New Hampshire State Prison and/or a maximum fine of $4,000 for each charge.

The indictments also allege that Smith is subject to enhanced penalties for taking advantage of "M.K.'s" age or a physical or mental condition in such ways that impaired her ability to manage her property or financial resources. If proven, each charge would be punishable by up to 10-30 years.

Smith's Facebook page shows he was a former Milton Water commissioner and Sewer commissioner, a member of the Zoning Board and Planning Board and on the Strafford Regional Planning Commission.

It appears that Kibbe served at least two terms as selectman before losing in a disputed 1997 election in which a write-in candidate running against her distributed stickers outside the polls to be placed on town ballots.

A ruling by Judge C.J. Brock in September of that year ruled that the use of stickers did not "invalidate" the election which was ultimately won by Joan Tasker Ball, whose combination of write-in and sticker votes totaled more than Kibbe's ballots.

Kibbe later moved to Stanleys Pond Drive in Rochester, where she spent out the rest of her life until passing in 2017.

The charges and allegations in the indictments are merely accusations and the defendant is presumed innocent unless and until proved guilty.