Herbert Starbird, 57, of Altoona, found nearly $280,000 in his bank account almost a year ago. On Tuesday, he was charged with theft and receiving stolen property. However, according to police, Starbird said he's not guilty.

In February, the First Commonwealth Bank in Altoona discovered its mistake. That's when the bank froze Starbirds' account, reclaimed almost $120,000 and then sued Starbird and his wife for the rest of the funds. Back then, the Starbirds' attorney, Tom Dickey, told WJAC TV News, they were trying to work out a "fair", low-interest payment plan with the bank.

Altoona police said the Starbirds spent more than half of the money. However, Dickey said that was only after the bank told them last fall that the deposit was not a mistake. According to the criminal complaint, that is not true.

Dickey said he doesn't know if Starbird has the funds to repay the bank. Starbird's preliminary hearing is scheduled for next week and he's expected to plead not guilty.

The civil case against the Starbirds is ready for trial.