February 24, 2017 - Charles Mitchell, 273rd Judicial District Judge, signed the order to dismiss the whistleblower case against Shelby County Sheriff Willis Blackwell and Shelby County on February 21, 2017 with prejudice.
The term "with prejudice" means the plaintiff, Derek Barbee cannot file another case making the same claim.
According to court documents, Barbee filed a motion to dismiss the case with prejudice on January 11, 2017. The motion states all matter in controversy between plaintiff and defendant have been resolved. Since the time of the filing for dismissal, the case has apparently been at a standstill.
Barbee formerly was a Shelby County Sheriff Deputy and he filed the whistleblower case on February 16, 2016.
Shelby County Today originally reported on this story at that time, and the allegations suggested the illegal use of detention center trusty labor to improve a private deer camp lease of Sheriff Blackwell. It was also alleged Sheriff Blackwell used other equipment in relation to this project all belonging to the Sheriff's Department.
(See original story with related information here: Sheriff, County Being Sued Over Allegations of Misuse of Property, Retaliation)
Since the time of the filing of the civil case, an investigation has been under way by the Texas Rangers. According to the Texas Ranger case report, on January 12, 2016 "Texas Ranger Travis Brazil initiated a cursory investigation into the allegations he received concerning Shelby County Sheriff Willis Blackwell. Sheriff Blackwell had allegedly used the Shelby County Sheriff's Office (SCSO) Mobile Command Center trailer for personal use at his deer lease in Panola County. Sheriff Blackwell also allegedly used SCSO inmates to do cleanup work and welding jobs on his deer lease in Panola County."
At that point the legible portion of the report ends as the remainder has been redacted. Shelby County Today has made numerous requests for the investigation report from the Texas Rangers; however, requests have been denied each time because the case is "an ongoing investigation."
The mostly redacted report was started on April 7, 2016 by Ranger Brazil and since then the case has been handed off to other Rangers. Although several requests have been made, the initial reply from the Texas Rangers on July 12, 2016 supplied the most information as related to the redacted 11 page report.
The Shelby County District Attorney's office has been in possession of this report since mid-2016. Shelby County Today contacted District Attorney Stephen Shires in reference to the case and his intent.
"I'm not going to say anything, or take any position on this whole thing, on something that clearly has such political implications. My focus right now, because don't get me wrong, I've got great legal assistants, I've got the best investigator that you could find, but I am still one lawyer. I'm one guy and I have to look at how I can best serve the Shelby County Community, and right now when something serious comes up I have to deal with it, but I still have to triage things and the most bang for our buck right now in dealing with what we have going on is focusing on the drugs, focusing on the illegal narcotics," said Shires.
Shires elaborated on his concerns for narcotics issues across the county, which is where his attention lies, and the strides his office has taken in dealing with that issue. He says some cases will be gotten to at a later date, "I understand about public integrity of our system, but right now I feel I'm doing the community the best service by focusing on those things, and that means other things, other kinds of cases they just, they'll get their turn at some point."
Shelby County Today asked Shires if the Office of the Attorney General's office could address the case and he stated he hasn't looked at that possibility yet, "but if that time comes it will be handled appropriately." He also stated he has no control over the Texas Rangers investigation.
Although the civil case is now ended, after almost a year of an investigation into the alleged abuse of official capacity, the Texas Rangers have failed to provide the public with an answer whether the facts of their investigation would indicate illegal activity or offer vindication of a public official whose job it is to enforce the laws of Texas.
