12/11/2025
McCool Junction Woman Accused of Stealing More Than $42,000 From Elderly York County Woman in Her Care
(York County, Neb.) - A McCool Junction woman hired to care for an elderly York County resident is accused of stealing more than $42,000 from the woman over the course of a year, according to an arrest affidavit filed December 4, 2025, in York County Court.
Investigators allege that Heather A. Smith, 39, used the victim’s checking account and a stolen credit card to make thousands of dollars in unauthorized purchases and payments while serving as an in-home caregiver for Phyllis West, who suffers from dementia and physical limitations.
Smith is charged with:
• Theft by deception over $5,000 (Class IIA felony)
• Two counts of unauthorized use of a financial transaction device over $5,000 (Class IIA felonies)
• Abuse of a vulnerable adult (Class IIIA felony)
• Criminal possession of a financial transaction device (Class III misdemeanor)
An arrest warrant was requested by York County Sheriff’s Investigator Nolan Janzen.
On November 14, 2025, Kelly West, the daughter of the victim, reported suspected fraud to the York County Sheriff’s Office. Kelly told investigators her mother has dementia and had been experiencing falls, leading her brother Brian West to hire Smith around October 2024 as a caregiver.
Kelly told investigators that Smith’s responsibilities included daily check-ins, hygiene assistance, and monitoring security cameras placed around the home to ensure Phyllis had not fallen. Kelly said she and Brian became concerned after a past incident in which Phyllis fell and allegedly remained on the floor for more than 12 hours without Smith checking the cameras or visiting the home.
Kelly provided bank statements showing large unauthorized transactions from Phyllis West’s Cornerstone Bank checking account, totaling more than $40,000, beginning around October 2024, the same time Smith began working for Phyllis.
During a November 15 interview, Brian West told investigators he gave Smith a debit card to Phyllis’s checking account for the sole purpose of purchasing groceries, medicine, and cleaning supplies. He said no one besides himself, Kelly, and Phyllis had legitimate access to that account.
Brian also reported that Phyllis had an active US Bank credit card ending in *4472 that had gone missing. He said US Bank notified him that phone payments on the missing card were being made from a number later confirmed to belong to Smith. Statements for that card showed thousands of dollars in charges.
Brian provided legal documents confirming his Power of Attorney over his mother.
Between November 15 and November 19, 2025, investigators reviewed hundreds of transactions made using Phyllis West’s checking account and the stolen credit card. These included:
• Over $9,600 in “Cardmember Services” payments to a US Bank card
• Over $10,600 in payments to a Credit One Bank account
• More than $2,200 in payments to a second Credit One account
• Over $1,700 in Affirm purchases
• Over $1,300 in Credit Acceptance vehicle payments
• More than $1,500 in Capital One payments
• $13,414.98 in charges made directly to the stolen AAA US Bank credit card
• Walmart and Amazon purchases totaling $8,931.92 and $8,180.76, respectively
The affidavit states the total documented theft was at least $42,419.35.
Investigators noted the amount spent on groceries and household items was suspiciously high, given Phyllis’ limited food intake.
On December 3, 2025, investigators interviewed Smith at the York County Sheriff’s Office. According to the affidavit:
-Smith admitted using Phyllis’s debit card to pay off her own Credit One, Credit Acceptance, and Capital One accounts.
-She admitted stealing the AAA US Bank credit card and using it to pay her child support obligations.
-She admitted making unauthorized Affirm purchases, as well as multiple Amazon transactions.
-She told investigators she cut up the stolen credit card after Kelly noticed money missing.
-She acknowledged that all transactions made from Phyllis’s accounts to her own debts were unauthorized.
Smith reportedly told investigators she struggled with spending, was in debt, and was facing stress related to custody issues and medical problems.
The affidavit concludes that probable cause exists to charge Smith with multiple felonies related to theft, financial-device fraud, and abuse of a vulnerable adult.
