NILES — The men charged with embezzling more than $100,000 from the Southeastern Berrien County Landfill Authority, appeared before Berrien County Judge Charles LaSata Wednesday for an exam hearing at the Berrien County Courthouse in Niles.

Clyde “Sonny” David Fuller III, 44, of Buchanan, and Terry Eldon Snow, 54, of Eau Claire, both worked for the Southeast Berrien County Landfill Authority — Fuller as the general manager and Terry in maintenance and mechanic operations. Fuller was represented in court by defense attorney Sean Drew. Terry received court representation from defense attorney Christie Ferguson.

The charges stem from an investigation that was opened last year by the Berrien County Sheriff’s Department, after a complaint was filed regarding landfill transactions to a company called GT&S Enterprises. Transactions to GT&S from the landfill dated December 2016 to June 2017 totaled approximately $249,000. Records indicated that the payments from the landfill to GT&S Enterprises coincided with transfers to bank accounts owned by Snow and Fuller.

First to testify was Herschel Hoese, who serves on the finance committee board and is a representative for Niles Township for the Southeast Berrien County Landfill. The landfill is owned by five municipalities, including Niles Township, Niles, Buchanan Township, Buchanan City and Bertrand Township, and is located in Bertrand Township, between Niles and Buchanan. Hoese’s job is to review the landfill’s monthly expenditures and validate authenticity.

Prosecuting attorney Jennifer Smith asked Hoese if he ever became concerned about anything during his work for the landfill.

“Yes, I did,” Hoese said. “[I saw] a large check to a company I had never recalled doing business with and it concerned me as to what their status was and what they did for us.”

Hoese said he noticed a payment to a company called GT&S Enterprises in spring  2017. Hoese also noted that the company appeared to be providing hauling services to the landfill, when another company called Klink Trucking out of South Bend was already doing business with the landfill to perform the same services. He also said he could not remember ever seeing a GT&S truck at the landfill.

Hoese said he asked for clarification at the next board meeting that spring, which Fuller and the other four finance board members attended.

“I wanted to know what they [GT&S] did for us, who they were and what GT&S stood for,” Hoese said.

Hoese said that Fuller told him that the company was a startup company out of Eau Claire that offered a better rate than Klink, but Hoese said he was still uneasy and voted not to sign the check. However, the board voted 4-1 to authorize the payment. 

Hoese said he felt there was more that needed to be answered so he went to the county clerk’s office in Niles to look up some information on GT&S Enterprises and found that the company was owned by Goldie Marie Snow, the mother of Terry Snow.

The address for the company was also listed as Terry’s address. Hoese said he consulted Jim Ringler, the Niles Township treasurer, about the issue and Ringler called the Berrien County Sheriff’s Department to report the findings.

On June 16, 2017, Berrien County Sheriff’s Department Detective Lt. Greg Saunders began investigating the matter. Saunders said he pored through landfill and GT&S bank records, where he discovered that GT&S received money from the landfill and then traced payments to Terry Snow and Fuller from GT&S. 

Saunders interviewed Terry and Fuller, who both denied receiving money from GT&S. Saunders described Terry’s interactions as being confrontational throughout the investigation process.

“He [Terry Snow] demanded to know who had filed the complaint,” Saunders said.

Saunders said a search warrant was executed to search computer equipment and three invoices from GT&S were located on Fuller’s computer in a trash bin. Fuller also told Saunders that sometimes the landfill used GT&S to contract services out, including with the company Klink.

But Neil Shanahan, the general manager for Klink Trucking, who also testified before court Wednesday, said he had never done business with a company called GT&S.

Saunders said it was determined that GT&S was named after Terry’s mom and late sister Teresa, with the “S” standing for Terry.

LaSata said that the testimony provided by the witnesses established a clear basis for probable cause. Both defendants pleaded not guilty to the charges. Bond for Fuller and Terry was set at $25,000 cash or surety.

Terry and Fuller will next appear in court for a case conference on Feb. 21, followed by a status conference March 28. Their jury trial date has been set for April 4 to 6.