BREAKING: From FOIA Fight to Felony Embezzlement Charges
Restoration News holds Essex County (VA) School Board member accountable as grand jury indicts board member, superintendent, and finance director.
An investigation by Restoration News has led to direct accountability for elected officials. When Essex School Board member Garlyn Bundy failed to produce documents requested by Restoration News under the Freedom of Information Act (FOIA), we took her to court and won. Now a grand jury has issued indictments against Bundy for destruction of public records and embezzlement. Former school employees, including the past superintendent and director of finance, have also been indicted.
Potentially Years in Prison on Felony Charges
Essex County Commonwealth's Attorney James Sitton confirmed with Restoration News that Essex School Board member Garlyn Bundy has been indicted on charges of embezzlement of government funds. These charges under code 18.2-112 are a class 4 felony punishable by "imprisonment of not less than two years nor more than 10 years."
Sitton also confirmed that former Essex Schools Superintendent Dr. Harry Thomas and former director of finance Elizabeth Franklin were also indicted for embezzlement of government funds. Franklin has an additional indictment of concealing a felony under code 18.2-462.
Authorities served the trio on May 27 and will appear for arraignment on June 3.
During the FOIA hearing against Bundy in April, Restoration News Attorney Tim Anderson questioned her about why she didn't produce the requested documents. She ultimately admitted that she had destroyed the documents.
As part of the indictment, Bundy also faces charges of destruction of public records related to our FOIA case. If convicted, the law requires that she forfeit her school board seat and will be "forever incapable of holding any office of honor, profit or trust under the Constitution of Virginia."
In August 2025, Restoration News reported about potential financial mismanagement by Essex Schools. At that time, Bundy stepped down as chair of the school board under pressure, and board member Scott Croxton took over that role.
Croxton previously told Restoration News that when they discovered financial irregularities, the board, along with assistance from the Essex County Board of Supervisors, immediately initiated a Virginia State Police investigation necessitating a forensic audit. Croxton said that they "centralized their financial services under the direction of our county for improved fiscal oversight and stewardship of taxpayer dollars."
Details of the Indictment
The embezzlement indictments are the result of a yearlong investigation into financial irregularities in Essex County Public Schools after the school board requested the County of Essex take over their financial management. During the county's initial review, they found irregularities and missing documentation.
Dr. Harry Thomas received a payment of over $22,000 for "unused leave" that the school board never discussed or authorized. In a letter from Bundy to Franklin in March 2024, Bundy unilaterally authorized the payment as "a request from the board"—but the board had granted no such authority.
When Bundy was confronted about the payment a year later, she initially denied that she authorized it but recanted when she was shown her letter to Franklin. Bundy later wrote a memo requesting repayment of the "unauthorized" payment. Thomas never made that repayment.
The school board terminated Elizabeth Franklin in January 2025, but the administration allowed her to keep access to her office, computer, and documentation. She returned to the building unaccompanied and cleaned out her office. She made multiple trips to her car with stacks of papers. Later it was discovered that her computer had been erased.
Then a stack of documents reappeared in her desk drawer.
As Restoration News reported in August 2025, the school board put Harry Thomas on administrative leave before he ultimately retired. In a letter to the community, Thomas acknowledged a "litany of mistakes, miscues, and missteps along the way."
Essex County is a beautiful coastal community in Virginia's Middle Peninsula region, but it's not filled with wealthy citizens who can afford to subsidize the school division's financial wrongdoings. The average household income hovers around $56,000. Embezzlement of taxpayer funds from the limited resources in the county could have lasting impacts.
Across the country, elected school board members too often underestimate the weight of the office they hold. They aren't simply figureheads; they are legally accountable for how public money is spent. Misuse of those funds carry severe legal consequences.
For the hardworking families of Essex County, these indictments are a reminder that the people elected to steward public funds and educate their children must be chosen carefully and watched closely. Restoration News will continue to hold those in power accountable.
Victoria Manning is a Senior Investigative Researcher for Restoration News specializing in education freedom, immigration, and military issues. She is the author of Behind the Wall of Government Schools. Victoria served 8 years as an elected school board member and has a master’s degree in law. She also brings the perspective of a military spouse to her reporting.
Republished with permission from Restoration News.
