Former Kokomo Police Officer Jeff McKay won’t face any charges in connection to a state welfare fraud case, but his wife, Kasey McKay, was charged with a felony Tuesday.

State investigators said Kasey McKay, 29, fraudulently obtained more than $2,500 in food stamps from the state by lying to the state.

Tuesday, Howard County Prosecutor Jim Fleming formally charged her with welfare fraud as a Class D felony.

Jeff McKay, who was placed on administrative leave from the department in early April, retired from the force May 7.

His retirement came a week after state officials alleged Kasey McKay failed to report she was married and failed to report her husband’s income, in order to continue receiving food stamp and housing assistance.

The state investigation also alleged Jeff McKay and Kasey McKay’s mother, Theresa Williams, both lied in an attempt to corroborate Kasey McKay’s story.

State investigators asked Fleming to file one Class C felony charge of conspiracy to commit welfare fraud against Jeff McKay, Kasey McKay and Williams.

Tuesday, Fleming said there wasn’t enough evidence to charge Jeff McKay.

“In my opinion, there wasn’t enough evidence to prove, beyond a reasonable doubt, he had anything to do with falsifying the application [for state assistance], and the application is really what we’re talking about. You can assume certain things, but assumptions don’t merit charges,” Fleming said.

Fleming said he also rejected filing a conspiracy charge against Jeff McKay because of the privileged status of husband-wife conversations.

In an affidavit filed in Howard Circuit Court Tuesday, state investigators said Kasey McKay concealed the fact she was married from the state Division of Family Resources.

According to the affidavit, Kasey and Jeff McKay were married July 8, 2009, and she received state food stamp benefits from Aug. 1, 2008, through Feb. 28, 2010.

Investigators said the couple resided in the 2800 block of Longwood Court between July 2008 and January 2010, based on statements made by neighbors.

During that time, Kasey McKay told state workers she and her children were residing either in the 1700 block of South Bell Street or in the 300 block of West Markland Avenue, the affidavit continues.

Earlier this month, Indiana Family and Social Services Administration spokesman Marcus Barlow said Jeff McKay and Theresa Williams could face charges because they allegedly told investigators that Jeff McKay, Kasey McKay and their children were living with Williams.

Howard Circuit Court Judge Lynn Murray issued a warrant for Kasey McKay’s arrest Tuesday.

• Scott Smith is a Kokomo Tribune staff writer. He may be reached at 765-454-8569 or via e-mail at scott.smith@kokomotribune.com

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