A Berrien County judge ruled enough evidence exists for Tim Gray to stand trial for allegedly embezzling money while working as the executive director of the Southwestern Michigan Community Ambulance Service.

Judge Angela Pasula made the ruling Friday at the conclusion of a preliminary examination — a court proceeding where the prosecution attempts to prove probable cause exists for the defendant to be bound over for trial.

Gray, who worked as director from 2009 to 2014, is facing one count of embezzlement between $50,000 and $100,000.

The charge is based largely on the findings of a fraud investigation performed in January 2015 by David Marshall after current SMCAS Executive Director Brian Scribner, who took over for Gray after Gray retired in May of 2014, said he found anomalies in the ambulance service’s finances.

The fraud investigator, who testified during the preliminary examination, said his investigation revealed that Gray received approximately $103,000 in compensation he was not entitled to, including:

• $50,822 in paid time off

• $7,715 in vacation payback

• $9,074 in holiday or bonus pay

• $1,117 in vision reimbursements

• $5,480 in dental reimbursements

• $29,740 in salary while he was on short-term disability

Gray’s attorney, Michael Cronkright, argued that there were many problems with the fraud investigator’s audit, including that it was based on numerous assumptions about the number of hours Gray was required to work and other matters related to Gray’s contract. Cronkright said Gray was entitled to the bulk of the money the prosecution claims he embezzled. For instance, Cronkright said Gray was still working for SMCAS while he was collecting short-term disability, meaning he would be entitled to collect his salary.

“About $80,000 of this audit is based on an entirely simplistic an inappropriate analysis of the hours that my client was entitled to,” Cronkright said. “There is no evidence on this record that my client didn’t perform his duties and there is no evidence on this record that in any single week he failed to come to work at least 50 hours.”

Pasula said the prosecution and defense are requesting to have the trial begin in October. She said the defense estimates it will last two or three weeks.