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OGDEN — H.C. and Betty Massey were good people, their daughter Hanisya Massey said Wednesday. Their apartment complexes housed low-income folks and the previously homeless, and they were "pillars of the community."
That's why she said it's been so hard knowing "their souls were hurt" by the actions of her sister, Holly Massey Frye.
Frye was accused in 2020 of selling off her elderly parents' properties and using the money to buy herself a house and her daughter a car.
Frye, 51, pleaded no contest in July to exploitation of a vulnerable adult and unlawful dealing with property by fiduciary, third-degree felonies. Five other counts, including theft and communications fraud, were dismissed as part of a plea deal.
Second District Judge Joseph Bean sentenced Frye on Wednesday to two terms of zero to five years in prison, but suspended the prison time and instead ordered her to serve nine months in the Weber County Jail. Sixty days will be "hard time," meaning Massey will be fully incarcerated during those days; but the remaining seven months will be served through a day reporting program, which requires offenders to check in daily at a central location and participate in designated programs or other activities.
He also ordered 36 months of probation following her release. Bean suspended a $5,000 fine per count, ordering that she pay only $950 at a rate of no less than $50 per month starting in January 2023.
A civil case is still pending.
Hanisya Massey said Wednesday her current total loss estimate in the case is $2.8 million, but she believes with taxes factored in, the amount is $3.6 million.
Frye's parents were over the age of 65 and both have since passed away. Frye's father suffered from dementia, according to charging documents, though Frye's attorney said Wednesday that he was never formally diagnosed.
In January 2019, Frye "prepared and caused a power of attorney to be executed, giving her control over various real estate properties owned by (her father). On or about Feb. 28, 2019, the defendant obtained a second power of attorney granting her broad authority to conduct (her father's) business affairs on his behalf," the charges state.
In May 2020, prosecutors say Frye sold one of her father's properties on Grand Avenue in Ogden, and then two more on Aug. 5, 2020. "That same day, using the same Realtor (who was also the purchaser of the two properties) the defendant bought herself a residence," according to the charges.
In September of 2018, Frye's parents owned over $2 million in rental properties, the charges state. "By Sept. 30, 2019, only $1 million of that property remained and over $60,000 of expenses to sell real estate properties were sustained in addition to the heavy capital gain tax expenses incurred."
During that same time, Frye's parents went from having $1.2 million in cash to $110,000, the court documents allege.
Frye was accused of transferring at least $200,000 from her parents' account into hers, and writing more than $150,000 worth of checks made out to "cash."
But the exact monetary amounts and whether or not Frye actually stole from her parents were heavily disputed during Wednesday's sentencing.
Frye's attorney, Thomas Weber, said the no contest pleas were entered because if Frye mismanaged any funds, it wasn't intentional.
He believes that Adult Probation and Parole is "assuming the worst," and should do a more thorough investigation, saying that Frye put lots of time and "spiritual energy" into running her parents' estate.
Weber said Frye was taught the value of work growing up and was a school teacher for 21 years — her "true passion." She left her career to manage her parents' estate and give full-time health care to her father, he said.
Frye said in her court statement that, since age 16, she's been the only sibling who's stayed close to home despite being the only one who's a mother. She also gave the most help to her father, even when she was busy as a school teacher, she said.
Frye said she spent the money on remodeling her father's apartment complexes, which is what he wanted. She still has student loans, she said, saying she wasn't using the money on herself.
Her father had his own way of doing business and she was simply following suit, she added.
Frye said if she were a judge reading the things that have been said about her, "I would convict that person. (But) that person is not me."
However, the judge said someone as educated as Frye should know that any agreements about how money is spent should be in writing.
He added that he sometimes interacted with Frye's father during court matters involving tenant evictions and had great respect for him. H.C. Massey didn't always like the way the court did things, Bean said, but he always complied with its orders.
Bean said he's concerned that, according to a pre-sentencing report, Frye "thinks she's the victim here."
He also said that, given the sometimes conflicting and incomplete reports presented to him regarding the monetary amounts, he was unsure how to fairly determine the severity of the crime.
But prosecutor Sean Brian argued that it's not the monetary amount that matters as much as Frye's betrayal of her family. The victims were taken advantage of in an "unconscionable" manner, he said, and her own actions prove her intent.
For instance, Brian said Frye quit her job, took a salary greater than the business's total revenue, and at one point sent a text message reading: "My father was so trying to keep money from us." She felt entitled to the money, he said, and wanted to punish her father.
Hanisya Massey added during her statement that Frye sent a text message in 2019 stating, "I am angry at my siblings because you are not taking revenge out on dad like I am."
Since learning of the charges against her sister in 2020, Massey said she's buried both of her parents and both of her brothers. She believes all of their health problems were exacerbated by Frye's actions, and said she's been unable to grieve them properly.
Frye drained the Social Security and retirement accounts of her bedridden mother, Massey said. And when her father learned what Frye did, he said "he did not understand everything ... but he understood that Holly stole his money."
The case has taken other tolls on her as well, Massey said. She's been frequently harassed by contractors Frye sent her way when Frye owed them money, she said; she spent $40,000 of her own savings to feed her parents and provide them health care, and she's traveled to Utah from her home in California 12 to 14 times for court proceedings.
To her, the case is quite simple: "When you take something that doesn't belong to you, it's theft."
Frye was handcuffed as Bean handed down the sentence. He denied her attorney's request that she be given 14 days to surrender herself, stating she should have known coming to court on Wednesday that she was facing jail.
He also said while he's sure both sides disagree with the sentence, he feels he can't impose more than 60 days of hard time without understanding the full severity of the crime.
Following the sentencing, Massey said it's difficult to know how she feels. With both her parents and brothers gone and with Frye now in jail, she's the only person left to manage the estate, she said.
She never wanted to see a family member go to jail, she added, and even defended Frye before she saw the bank statements herself.
But jail time is what her father and brothers wanted, she said.
Massey said she forgives Frye and feels bad for her, "but laws were broken."
Now, Massey wants to focus on upholding her parents' legacy of service by working with the hungry, the homeless and the underserved.
And she hopes people remember that what happened to her can happen to anyone.
"This all really is about greed and taking advantage of two vulnerable adults," she said.
