Judge will rule on Tony Packos Inc. sale on Monday

Judge Gene Zmuda said Friday he expects to rule on the pending sale of Tony Packo's Inc on Monday. A decision was previously expected on Friday.

Judge Gene Zmuda said Friday that he expects to rule on the pending sale of Tony Packo’s Inc. on Monday. The ruling on the sale of Packo’s to TP Foods LLC had been expected on Friday.

Separately on Friday, a new indictment naming Tony Packo III and Cathleen Dooley was issued by a Lucas County grand jury Friday, though the prosecutor’s office said it did not reflect any new or additional charges.

Mr. Packo III and Ms. Dooley were charged Wednesday each with three alternate counts of aggravated theft. The charges were the result of a nearly 18-month investigation that found an alleged theft of about $170,000 from Tony Packo’s Inc.

According to the indictment filed Wednesday, the pair was charged with stealing between $100,000 and $500,000 from the company over a four-year period. The counts were charged in the alternative and were each third-degree felonies.

John Weglian, chief of the special-units division of the prosecutor’s office, said yesterday the case was presented again to the grand jury to reflect changes in the criminal code that went into effect Sept. 30. In the new indictment issued Friday, the pair was charged with stealing between $150,000 and $750,000, which is the new standard for a third-degree felony.

“The new indictment does not change any of the facts of the case and it doesn’t mean there is anything different in the allegations, it is just to deal with the changes in the criminal code,” Mr. Weglian said, adding that ultimately, one of the cases will be dismissed.

If convicted, both Mr. Packo III and Ms. Dooley face up to three years in prison. They are to be arraigned Jan. 3 before Judge Frederick McDonald.