EPHRATA - The theft charge against Moses Lake businessman Alan Heroux was dismissed in Grant County Superior Court early this week.

Heroux was accused of stealing more than $229,050 from a trust fund, according to a previous Columbia Basin Herald article. He plead not guilty to first-degree theft in December 2011.

Grant County Prosecutor Angus Lee said Heroux paid back the victim.

"It was the desire of the victim to pursue 100-percent restitution," he said. "Because we were able to make that happen, in this rare occurrence, a diversion agreement was appropriate to ensure up front, immediate and total restitution." According to the previous article, Heroux was appointed as trustee for John H. Denton Testamentary Trust, which was set up for Denton's wife and daughter. The account was established in 2006 with a balance of $205,213 but was less than zero by May 2009.

About 40 transfers totaling $229,050 were reportedly made from the trust account. Each labeled "operating loan to JLS." JLS allegedly stands for John L. Scott, according to records.

At the time, Heroux reportedly told police he was borrowing the money from the trust but had plans to repay it, including 6 percent interest.

As the estate trustee, state law shows Heroux can make loans from the account, even to himself, according to his attorney, Jeremy Huberdeau, of Moses Lake. Heroux recently said he paid the full amount of the loan, with interest, totaling $229,050 to the trustee.

According to Lee, the theft charge was re-filed in District Court, where it is in pre-trial status, pending the successful completion of a diversion program.

Heroux told the Columbia Basin Herald the charge will be dropped once he satisfies the requirements of the one-year diversion program. He said entering into the diversion was more logical than continuing with a trial.

"Although I would have preferred a victory in court to prove my innocence, I am pleased that this is over," Heroux said. "This has been a very trying time in my life and I hope things can now return to normal for my family." Heroux's attorney said entering into the diversion is not an admission of guilt.

"Since day one Mr. Heroux adamantly denied any wronging and still isn't admitting any wrong doing by entering this diversion agreement," he said in an e-mail Thursday. "Mr. Heroux has always maintained his desire to repay the loan, even before the charges were filed against him."