‘Residence cooking’ considerations revealed in corruption prosecutions exterior Texas capital

Last Updated: September 22, 2021

7 16 minutes read

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Investigative Abstract:

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For many years, public corruption instances towards state officers had been investigated and prosecuted in Texas’ capital metropolis. However in 2015, after a dustup on the highest ranges of state authorities, lawmakers as a substitute moved these tasks to the Texas Rangers and native prosecutors. A brand new evaluation of the instances from the previous 5 years reveals few have been prosecuted and most Ranger investigations targeted on lower-level officers. In an investigative collaboration with the Texas Observer and different media shops, KXAN takes a more in-depth take a look at the Central Texas instances falling brief and the legislative historical past that led to a system critics declare does little to carry your elected leaders accountable. Watch our investigative video function and skim our immersive report on this web page.

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Bastrop County

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Circumstances: Texas Rangers investigated one case of misapplication of economic/fiduciary responsibility in Bastrop County.

Prosecutions: The one case was prosecuted.

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Texas Rangers investigated one case of abuse of official capability in Bastrop County. That case was prosecuted.

County Commissioner Gary “Bubba” Snowden

Burnet County

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Circumstances: Texas Rangers investigated two instances in Burnet County, involving allegations of perjury and official oppression.

Prosecutions: One case was prosecuted.

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Texas Rangers investigated two instances in Burnet County, involving allegations of perjury and official oppression. One case was prosecuted.

Bertram Police Chief James “J.J.” Wilson

Fayette County

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Circumstances: Texas Rangers investigated one case of misuse of official info in Fayette County.

Prosecutions: The one case was prosecuted.

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Texas Rangers investigated one case of misuse of official info in Fayette County. That case was prosecuted.

Fayette County Sheriff Dispatcher Richard Kovar

Lee County

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Circumstances: Texas Rangers investigated two instances in Lee County, each concerned allegations of official oppression.

Prosecutions: One case was prosecuted.

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Texas Rangers investigated two instances in Lee County, each concerned allegations of official oppression. One case was prosecuted.

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Lexington police chief

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Public official – expunged/report not out there

Travis County

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Circumstances: Texas Rangers investigated 14 instances in Travis County, together with allegations of theft by a public servant, abuse of official capability, tampering with a authorities document, forgery, misuse of official info, fraud and bribery.

Prosecutions: Two instances had been prosecuted.

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Texas Rangers investigated 14 instances in Travis County, together with allegations of theft by a public servant, abuse of official capability, tampering with a authorities document, forgery, misuse of official info, fraud and bribery. Two instances had been prosecuted.

State Rep. Dawnna Dukes

Dept. of Public Security License Worker

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Comal County

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Circumstances:

Prosecutions:

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Click on the Central Texas counties in blue on the interactive map for a listing of officers prosecuted in these areas between 2015-2020 following Texas Rangers public integrity investigations. Click on the hyperlinks within the popup packing containers to discover every investigative report. (Texas Observer Information Evaluation/KXAN Interactive)

From 2015 to 2020, the Texas Rangers accomplished greater than 560 public corruption case investigations, however solely 67 of these instances have been prosecuted, in response to DPS information analyzed by the Observer. DPS mentioned in an e-mail to the Observer there have been a whole bunch extra inquiries and complaints past these investigated. No officers with DPS or the Texas Rangers would agree to talk with KXAN for this report.

The prosecutions which have taken place are principally towards lower-level native officers or authorities workers and usually finish with gentle sentences. A number of Central Texas instances adopted that sample.

In 2015, critics of reforming the Travis County Public Integrity Unit mentioned a legislative overhaul would have the alternative impact of what reformers meant. They mentioned prosecuting public officers of their dwelling territory and giving native prosecutors the choice to supervise instances — and drop prices — would invite a brand new kind of corruption and cut back accountability.

‘Residence cooking’

Home Invoice 1690 was signed into regulation in September of that yr, however not earlier than numerous watchdog teams and a prosecution skilled vented their considerations with the laws.

“This appears to be a difficulty of dwelling cooking, if you’ll,” mentioned Sarah Smith, who represented Texas Public Curiosity Analysis Group. Smith testified at a March 26, 2015, listening to for the invoice within the Home Normal Investigating and Ethics Committee.

“You’ll be able to return to your district with the identical DAs that you simply most likely campaigned with on the election path, the identical judges that you simply’ve most likely identified all of your life, and I feel the largest problem is the notion,” she mentioned.

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Click on the Texas Ranger area within the interactive statewide map to see its checklist of public integrity instances investigated between 2015-2020 underneath the overhauled system. (Texas Observer Information Evaluation/KXAN Interactive)

On the similar listening to, Carol Birch with Public Citizen instructed lawmakers the invoice would solely enflame issues with cronyism and favoritism in politicians’ felony instances.

“If the aim actually is to take the politics out of this course of, you must decrease the potential for any potential bias, and we imagine that this … does simply the alternative,” Birch mentioned.

Below the outdated system, prosecutions of state officers’ public corruption instances passed off in Travis County, when these offenses occurred in the middle of their political or authorities work in Austin, or on the Capitol. The Public Integrity Unit was established within the Nineteen Seventies, and the state started funding it within the 80s. Gregg Cox — former director of the Travis County DA’s Particular Prosecutions Division, which included the Public Integrity Unit — instructed the committee, in that point, the unit indicted 21 elected officers — 15 Democrats, and 6 Republicans.

Since he turned director of the division in 2001, Cox mentioned it had prosecuted 4 state officers: “a district courtroom choose, a district legal professional and two state legislators.” Two had been Democrats and two had been Republicans, he mentioned.

“Lots of what individuals say in regards to the partisanship and the aggressiveness is a fable,” mentioned Cox, who couldn’t be reached for touch upon this story.

In 2015, Rep. Phil King, R-Weatherford – a former police officer and justice of the peace – authored House Bill 1690, which would send corruption allegations against state officials to the Texas Rangers for investigation. If confirmed, cases would be prosecuted in the official’s home county. The legislation was eventually signed into law. (AP Photo / Eric Gay)

In 2015, Rep. Phil King, R-Weatherford – a former police officer and justice of the peace – authored Home Invoice 1690, which might ship corruption allegations towards state officers to the Texas Rangers for investigation. If confirmed, instances could be prosecuted within the official’s dwelling county. The laws was finally signed into regulation. (AP Photograph/Eric Homosexual)

State Rep. Phil King, R-Weatherford, authored HB 1690. The previous regulation enforcement officer and justice of the peace instructed the committee Travis County’s Public Integrity Unit acquired simply 33 complaints over a earlier two-year interval and investigated fewer than that. King described that caseload as “small.”

“What I’m attempting to do is diffuse this out via the state, so that you don’t have an excessive amount of energy invested in a single particular person or one workplace,” King mentioned on the 2015 listening to. “That’s why we push it out to the district attorneys and county attorneys across the state. For those who take the facility to analyze each public official in Texas and also you make investments it in a single elected official … I feel that simply vests an excessive amount of energy in a single particular person.”

KXAN contacted and requested remark from King and the opposite authors of HB 1690 who stay within the legislature. None responded to requests for remark.

DPS Director Steve McCraw instructed the committee his Rangers could be able to dealing with the general public corruption instances on prime of their different instances.

“Whenever you take a look at the variety of 33 investigations throughout your complete state, if you’ll, contemplating the variety of assets … 33 instances is chump change by Rangers requirements,” McCraw mentioned on the listening to.

State Rep. Lyle Larson, R-San Antonio, mentioned Travis County’s prosecutors had been the “most offensive within the state” with regard to prosecutions of politicians.

“There’s a small proportion of instances that come via which have profound impacts on the politics that prevail in that point,” Larson mentioned. “Who will get elected because the DA in Travis County, and if they’ve a partisan perspective that they need to go after anyone of the opposing get together, they’ve a venue that’s arrange for that and it might probably harm careers. It will possibly alter the course of elections.”

Larson didn’t reference the case explicitly, however a dustup between former Travis County District Legal professional Rosemary Lehmberg, a Democrat, and former Gov. Rick Perry, a Republican, was prime of thoughts on the time.

Perry versus Lehmberg

Issues with the funding of the Travis County Public Integrity Unit started with a price range veto by Perry.

The origin of that transfer traces again to the night of April 12, 2013 — the night time Lehmberg was arrested and accused of driving drunk. Lehmberg quickly pleaded responsible to that cost, however it will hang-out her workplace. Later that yr, Perry threatened to chop $7.5 million for Lehmberg’s Public Integrity Unit if she didn’t resign her publish.

Lehmberg refused to step down, and Perry adopted via with the veto. Perry was later indicted by a Travis County grand jury for abuse of energy. Though he was in the end cleared of the fees, the case hung over Perry throughout a second presidential marketing campaign.

Perry was the primary Texas governor to be charged with a felony in 100 years, however he wasn’t the primary high-profile Texas politician to face prosecution by Travis County’s Public Integrity Unit.

Former Texas Congressman Tom DeLay and U.S. Senator Kay Bailey Hutchison, each Republicans, had been indicted by a Travis County Public Integrity Unit.

Each DeLay and Hutchison — and Perry years later — mentioned the fees towards them had been spurious and politically-motivated, having been introduced by prosecutors working underneath a Democrat district legal professional. Hutchison was cleared of her prices in 1994. DeLay’s conviction for money-laundering was overturned by an appeals courtroom in 2013.

Former Travis County District Legal professional Ronnie Earle, heart, speaks in 2005 after a grand jury charged U.S. Rep. Tom DeLay with conspiracy in a marketing campaign finace scheme – one of many highest-profile instances within the historical past of the Public Integrity Unit. The unit – led for years by Gregg Cox, proper – was a part of the Travis County district legal professional’s workplace since 1978, till Earle’s Democratic successor Rosemary Lehmberg, left, was concerned in a political dustup with then-Gov. Rick Perry, a Republican, in 2013. The unit dealt with corruption instances towards state officers with funding from the legislature, till Perry threatened to veto that cash if Lehmberg refused to resign after a drunken-driving conviction. That menace led to felony prices – later dropped – alleging Perry misused the facility of his workplace. The matter rallied Republican assist for transferring the unit out of Travis County. (AP Photograph/Harry Cabluck)

Regardless of a monitor document of prosecuting extra Republicans than Democrats, in response to Cox, accusations of politically-motivated indictments in the end doomed the workplace.

‘So-called reforms’

The dearth of prosecutions of higher-level officers in Austin is what’s largely apprehensive corruption watchdog teams.

Craig McDonald, director of the nonprofit Texans for Public Justice, mentioned his group and others noticed issues with the laws and feared the modifications in corruption prosecutions would defend public workers and elected people slightly than punish them.

“The so-called reforms, which did not reform the system in any respect, have failed, and we predicted that might occur,” McDonald instructed KXAN in an August interview. “Once more, it was designed to try this. I feel it was designed to reduce accountability for public officers.”

McDonald pointed to the drawn-out prosecution of present Texas Legal professional Normal Ken Paxton as a primary instance of how the Public Integrity Unit’s restructuring just isn’t holding statewide officers accountable.

July 2021 marked six years since Texas Legal professional Normal Ken Paxton was indicted on felony securities fraud prices. The case has been delayed, partially, attributable to a dispute over the place Paxton needs to be tried. It’s at present anticipated to be in his dwelling of Collin County, a location critics argue might give him a authorized benefit. Whereas indicted, Paxton narrowly gained reelection in 2018. (AP Photograph/Tony Gutierrez)

Texans for Public Justice, which tilts liberal, filed the criticism in 2014 that led to Paxton’s first-degree felony indictment in 2015 on securities fraud. Paxton’s case sputtered together with protracted fights over the courtroom venue and legal professional billing. An appeals courtroom dominated in Might the case needs to be dealt with in Collin County, which is Paxton’s dwelling county the place his spouse is at present a state senator.

Now Paxton might get favorable remedy there, recommended McDonald, who additionally famous the Collin County district legal professional already needed to recuse himself due to shut ties to Paxton.

“The criticism towards Paxton was actual. It was stable. It has been misplaced within the partisan courtroom system of Texas,” McDonald mentioned. “That is the hazard we now have in sending instances again to your hometown.”

Paxton’s workplace didn’t reply to requests for remark. He has not been convicted and has repeatedly denied any wrongdoing.

Solely a handful of different statewide investigations have made headlines because the regulation change, together with these towards Texas Agriculture Commissioner Sid Miller, former State Rep. Dawnna Dukes and former State Home Speaker Dennis Bonnen. Miller was not prosecuted, and his workplace didn’t reply to requests for remark.

Dukes was charged with a number of felonies and misdemeanors. In any case her prices had been dropped, Dukes mentioned in a 2017 Fb publish the allegations towards her had been “malicious rumors” and it had “been an extended battle, however one wherein I by no means doubted the result.” She then ran for reelection and was defeated within the Democratic main the next yr. KXAN spoke with Dukes this month over the telephone, however she didn’t touch upon the document for this story.

In 2019, a spokesperson for Bonnen mentioned the previous speaker totally cooperated with the probe and regardless of “the DA’s affirmation of no wrongdoing, sadly, the harm has been performed.” He didn’t run for reelection. When reached by telephone by KXAN this month, Bonnen wouldn’t communicate on the document.

Since Texas lawmakers handed a invoice to reform public integrity instances towards state officers in 2015, solely a handful
of such instances have been investigated, they usually usually ending with prosecutors dismissing prices or providing gentle
sentences. Click on the arrows (or swipe the picture) to shuttle via the slideshow of public officers. (KXAN
Illustration)

Small cities, small issues, small sentences

The overwhelming majority of Ranger investigations since 2015 targeted on accusations towards lower-level leaders and authorities workers. Most instances that resulted in prosecutions adopted an analogous sample: officers receiving small sentences in small cities — together with a number of rural counties simply past the capital.

The Rangers investigated former Bertram Police Chief James “JJ” Wilson after he was accused of threatening to tow one man’s truck and probably strip one other’s business driver’s license in the event that they didn’t give hay bales to the officer’s former girlfriend in 2017, in response to a Rangers investigative report.

Wilson was in the end charged with three counts of Class A misdemeanor official oppression, one rely of felony aggravated perjury, one rely of felony misuse of official info and one felony rely of abuse of official capability. He pleaded responsible and acquired 5 years deferred adjudication for the felony abuse of official capability cost. He additionally was convicted of the 2 misdemeanor official oppression prices and served sooner or later in jail. The remaining three prices had been dropped, in response to Burnet County courtroom information.

As a part of his prosecution, Wilson was additionally stripped of his police officer license and can by no means be allowed to function a peace officer in Texas once more.

In keeping with courtroom information, native district legal professional Wiley “Sonny” McAfee’s workplace dealt with the case. McAfee didn’t reply to KXAN’s questions on Wilson’s sentencing. Reached by telephone, Wilson mentioned he couldn’t remark as a result of he’s nonetheless on probation.

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Texas Rangers investigated 564 public integrity instances between 2015-2020. Use every space of the circle on this interactive graphic to see what number of instances made up the commonest complaints towards public officers. (Texas Division of Public Security Information/Texas Observer Information Evaluation/KXAN Interactive)

In one other Central Texas case in 2016, Richard Kovar, a Fayette County Sheriff’s Workplace communications operator, was accused of trying up warrants and leaking info that helped suspects keep away from arrest. Kovar was indicted for hindering apprehension or prosecution of a identified felon — a third-degree felony.

The operator pleaded responsible to a lesser Class A misdemeanor cost of official oppression, was ordered to give up his certification to make use of the Texas Legislation Enforcement Telecommunication System (TLETS) and served no jail time, in response to courtroom information.

Fayette County District Legal professional Peggy Supak is listed on courtroom information because the state’s legal professional within the case. Supak mentioned the plea was based mostly on the proof, credibility of the witnesses and the defendant’s felony historical past. The knowledge and proof within the case was “sketchy at finest,” she mentioned.

Snowden was indicted in 2017 on three counts of abuse of official capacity for using county property and personnel, in part, to resurface a portion of Wilbarger Creek Drive

Snowden was indicted in 2017 on three counts of abuse of official capability for utilizing county property and personnel, partially, to resurface a portion of Wilbarger Creek Drive “with the intent to acquire a profit and hurt and defraud one other.” In 2019, he pleaded responsible to a lesser Class A misdemeanor, and the opposite prices had been dropped. He was fined and sentenced to a day in jail. Snowden was re-elected that yr and died at his Elgin dwelling three days into his new time period. His widow was appointed to fill his seat. (KXAN Photograph)

“My most important concern and focus was to not have a dispatcher that we felt may be leaking info,” Supak mentioned. “The plea settlement successfully did that by convicting Kovar and having him forfeit his TLETS license.”

Again in Bastrop County, Commissioner Snowden was charged in December 2017 with three counts of abuse of official capability. The 2 felony counts had been dismissed. Snowden pleaded responsible to the misdemeanor cost. He was sentenced to sooner or later within the native jail and was ordered to pay a $2,000 nice and $2,500 in restitution, in response to courtroom information.

Nick Moutos, an appointed prosecutor from the Workplace of the Legal professional Normal, dealt with Snowden’s case. Moutos has since left the Legal professional Normal’s workplace and couldn’t be reached for remark. Native DAs can appoint a particular prosecutor to keep away from a battle, in response to the regulation, however that isn’t required. Snowden died in January 2019.

The 2015 regulation modifications didn’t drastically alter the dealing with of those smaller instances, however they do illustrate what might occur with out an impartial prosecutor.

McDonald mentioned a greater different than sending Capitol corruption instances to politicians’ dwelling counties could be to determine an analogous workplace to the previous Public Integrity Unit. However the workplace needs to be completely separate and non-partisan.

“I do know it is onerous to do in a state that’s completely partisan from the highest to the underside,” McDonald mentioned. “Nevertheless it must be constructed extra like an impartial prosecutor workplace with the facility to subpoena the facility to analyze, and price range so can so it might probably dig into these instances of public corruption.”

KXAN Investigator Josh Hinkle has an inside take a look at the “Justice for Some” undertaking with collaborators Lise Olsen of the Texas Observer, David Barer of KXAN and Jessica Priest of the Fort Value Report.

The next KXAN workers members contributed to this investigation: Investigative Photojournalist Ben Friberg, Inventive Producer Eric Henrikson, Graphic Artist Rachel Gale, Digital Particular Tasks Developer Robert Sims and Digital Director Kate Winkle. “Justice for Some” is a collaboration launched by the Texas Observer, together with KXAN, the Fort Value Report and KTEP-El Paso.

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Investigative Abstract:

Bastrop County

Burnet County

Fayette County

Lee County

Travis County

Comal County

‘Residence cooking’

Perry versus Lehmberg

‘So-called reforms’

Small cities, small issues, small sentences

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