Shelby County Today

September 4, 2024 - The Shelby County Commissioners discussed the proposed budget for the county during their August 21, 2024, meeting in what developed into somewhat contentious debate. Discussion continued over issues with the jail and Delbert Jackson addressed the commissioners about his desire for a historical marker on the historic courthouse grounds.

The 2024-2025 Proposed Budget was announced as having been filed on Wednesday August 14, 2024 for public inspection in the County Clerk’s office as required by Local Government Code, Section.111.006. As discussion moved forward on the subject, tensions began to increasingly become apparent.

Judge Harbison remarked on some alterations that were applied to it before the proposed budget filing.

“We had a discussion here a while back and I did not go with those numbers, the only changes that I made was that everyone is going to be getting a one dollar an hour raise,” said Judge Harbison. 

Harbison continued, stating she put $50,000 in the inmate fund for out of county housing.

Commissioner McSwain confirmed with Clint Porterfield, County Auditor, the proposed budget was filed with the changes Judge Harbison made and Porterfield elaborated on what the alterations were.

“The proposed budget was filed, as the judge said, with a $1 per hour pay increase for all county employees. That included Road and Bridge. We initially discussed $2 an hour for Road and Bridge, and we did include the $1 for the lead hand. That was also left in there but the additional funding for the Sheriff's Office in a number of line items, which is actually going to be funded by the elimination of some line items, that was taken out. But, they left the inclusion as the judge said concerning the inmate situation, line items. So there's an additional $50,000 in there,” said Porterfield.

Porterfield said some things that were mentioned in previous discussions over the budget such as an increase in the educational line item, and an increase in general supplies were taken out of the budget. McSwain questioned the purpose in taking those items out when the expenses were already over budget and two months remain in the current budget year. Porterfield said there were some discussions of eliminating some employee positions to fund that expense; however, those positions were left in the budget. Porterfield also concurred with McSwain those line items were over budget, but that they have been that way for years.

“If we're going to discuss the sheriff's budget separately we probably should have done that months ago in a budget workshop specifically for them, because as we know, even the amounts that we were talking about including in there would not have put them in the black they would still be in the red even with those increases in there, and we know that,” said Porterfield.

McSwain stated the purpose of talking about increasing the line items for the Sheriff's Department, even though they're over budget, would be to give the new sheriff an even playing field with an additional $100,000.

Porterfield asked for clarification, “So we're going to discuss this now, were we going to fund the extra $100,000 by eliminating two positions to obtain $100,000?”

“Yes, sir,” answered McSwain. 

“I was not in favor of cutting him a position and a half going into his tenure I think that we should give him a chance to operate with what he has,” said Judge Harbison.

McSwain warned that in the next one to two years positions would be cut because they can’t be funded.

McSwain stated, “You can't keep funding positions and growth that you don't have income to cover. You can have all the reserve you want, but if you don't have industry or some kind of growth in Shelby County to broaden our tax base, sooner or later that reserve runs out and then what are you going to do?”

Porterfield said the budget issue with the Sheriff’s Department didn't happen overnight and that their budget has been in the red for three years in a row. He said it could have been addressed three years ago; however, the budget for the Sheriff’s Department hasn’t been changed in three years.

“Now, we have changed it in the labor salary line item because we have budgeted some additional staffing and some things in there concerning salaries, but we haven't really changed their expense line item. Now what do we fall back on? What do we fall back on when that happens? And we don't want people to fall back on something, but we do have a process at the end of the year which is called line item transfers, and every year at the end of the year we do line item transfers. And basically what we do is we take money from other departments and other line items and we balance the budget and put everything back flush,” said Porterfield.

Porterfield stated there is an understanding that there are going to be departments where things come up, whether it's vehicle repairs or inmate cost and they could go negative each year. If all of the 30 departments the budget covers were in the plus range, then there would be a very large surplus, and the main goal instead is to keep the general fund in the black which has been succeeded through budgeting. 

McSwain felt compelled to further address the issue of tax increase and the need of more industry in Shelby County to help fund the county.

“We increase in the taxes nearly nine cents this year. We can't do that every year. We're going to run out of something to tax. So our growth has got to be stopped. We can't keep doing it. We have nowhere to get the money. I don't care that we've got $7 million reserve. We’ve whiddled at it. We’ve budgeted $600,000 or $800,000 of reserve, that's 20%,” said McSwain.

Porterfield interjected, “ We've done that for a number of years, and I agree with you Commissioner, because not only can we not do it, we're not allowed to do it, because at some point, there is you know, we have, what is it, 81 cents? There's a cap on property taxes, you can just go so high anyway.” 

McSwain said the average household value last year was $77,000 and their taxes were $459 dollars. He said the value this year, because of the real estate increase, is $85,350 average while last year on that same house that the appraisal district increased the value of to tax it more. That combined with the the increase of eight cents on taxes, this year he said they're going to pay $583.

“We can't, as a court, continue to increase our outgo and do that to cover it, we just can't do it. We got to realize we're in a rural county with no industry, and we're limited to the funds we got to work with and we gotta work with what we got,” said McSwain.

Porterfield then questioned, “So with that being said then why would we propose a two dollar an hour increase for road hands and nothing for anyone else?” 

McSwain said that wasn’t what was proposed, but there was discussion about it.

In rephrasing his original question, Porterfield asked, “Why would we have a discussion to put $2 in for road hands, a $1.25 for clerical, and no pay increases for law enforcement, elected officials, or anybody in our judicial system such as JP’s? How could you justify that?”

McSwain stated, “Because I can justify because we just gave them $2 of SB 22, and we have had discussions about maybe doing more out of SB 22 next year. How in hell do you give one group raises all the time like that and not everybody else, I ask how can you justify that?” 

Porterfield retorted, “I would call that inequity, I would call that discrimination commissioner.”

After what seemed a heated debate, the discussion had almost come to a conclusion and the meeting was about to move on to the next agenda item, when Commissioner McSwain stated the discussion on what to put in or take out would be on adoption day when the commissioners get ready to adopt the budget and can then discuss those options.

“I’m glad you mentioned that, because the wording has been revised, you can't just change anything you want to, you have to do it based on what is required by the law or required in the interest of the taxpayers. So, you can't just change whatever you like commissioner,” said Porterfield.

“We'll see what we can change and what we can’t, we’ll follow the law,” said McSwain.

During the meeting, around 40 minutes after it had started, the commissioners went into executive session with Sheriff Kevin Windham, Chief Chad Hooper, Jail Administrator John Mills, County Attorney John Price and Auditor Porterfield at 10:10am. The executive session remained for around one hour until the meeting reopened at 11:10am and Judge Harbison explained some of what had been discussed.

“We went over that and had explanations of what had been started to fix all the problems and especially the paperwork problems and the reporting and things like that, and we did every point has been met at the Sheriff's Office to get all that back into compliance. It's not in compliance yet, but we were assured that it was going to be in compliance by the time we had to go down in November to meet with the [Texas Commission on Jail Standards],” said Judge Harbison. 

No action was taken on anything discussed in executive session.

“We were satisfied that efforts were being made to get that back into jail standards inspection,” said Judge Harbison.

Judge Harbison said the county will have to establish a scope of work for the needs of the jail and then seek bids on that work.

“So, we’ve got some more work to do, I did not realize that we had to go through them before we actually even got the quotes. We’ve got to present a plan on how we’re actually going to remedy those situations and that plan is being prepared,” said Judge Harbison.

That plan will be presented to the TCJS for approval. If approved, it will be presented to Commissioners’ Court for consideration and to seek bids if required.

Commissioner Roscoe McSwain moved to table work on the jail lighting and the motion was seconded by Commissioner Tom Bellmyer. The motion carried.

As the commissioners reviewed the weekly expenses Ann Blackwell, Shelby County Treasurer, brought bills from Hagler Painting and Remodeling to their attention since the cost of the project on the second floor of the courthouse had extended beyond what was originally bid for the project.

“With the way that he's turned the bills in and what we've been posting we're over budget. So we talked about this, but as we've talked about it, there's stuff included what he's billed for that was not included in the bid, and that's electrical and plumbing. And so I got with him. We talked about how much time was spent on both of those issues through the project, and it's actually $12,320 total that was not included in the original bid.,” said Blackwell.

Blackwell elaborated that if plumbers and electricians had been called in to do the additional work on the project with Hagler, they would have cost around $150 an hour.

“Had we had electricians and plumbers come in and do that, which what it was was rerouting like as they were putting in the offices, they were having to move light fixtures, light switches, electric plugs, the kitchen, reroute the water for the refrigerator, take out, install the new sink, and I think there was some plumbing issues after that. So, I mean, those guys are $150 an hour. We just paid another plumbing bill that was $150 an hour. We paid [Hagler Painting and Remodeling] $35 an hour. So anyway, in the long run, it saved us money, but so technically he's not over budget,” said Blackwell.

Judge Allison Harbison commented that anytime they start a project it’s unknown what they’re going to get into, and Blackwell stated no leeway for discovery was incorporated into the project like has been with some others.

Clint Porterfield, County Auditor, stated in relation to the extra expense over the bid the issue has to do with the audit, asset tracking, our project tracking, our bid requirements and being in compliant with what is paid to the vendor based on what they said it was going to cost.

“We had a bid, so to me it’s irrelevant what extra X he had to do. But if we had change orders, and we had things extra that had to be done, they should have been discussed in court and approved ahead of time to approve that change order. So we can't get into a situation where we have someone working for us on a bid and doing non-bid work and just billing us as if it was because things came up,” said Clint Porterfield, County Auditor. “I was inclined to recommend not paying this today because there was not an itemization of what this extra work was. So what we need to do today is that we're going to need to have an approval for change orders and additional things that were outside of the bid.”

Roscoe McSwain, Commissioner Precinct 1, questioned who told Hagler to make the changes outside of the bid, and who told him to do the extra work without court approval. Judge Harbison said she didn’t tell him to do the extra work and that he had done some similar work at the Courthouse Annex.

Porterfield questioned a cost of $1,120 to disassemble podiums and make them shorter.

“The district judges asked me to ask him to do that,” said Judge Harbison. 

“They don't run this court,” said Commissioner McSwain. “If you bid something out it'd be just like buying a car from somebody, you go get the damn car they want to five more thousand dollars but they forgot you wanted to x y z on it, but that ain't my fault if I approve the bid for $85,000 or whatever it was.”

McSwain reiterated Porterfield stating, if a change needed to be made it should have been presented at court.

Commissioner Tom Bellmyer moved to request a change order from Mr. Hagler with some detail back. No second was heard and the motion failed.

Commissioner McSwain moved to pay the weekly expenses with the exclusion of the extra [bills they discussed]. The motion was seconded by Commissioner Bellmyer. 

“Before this and considered any further, I would like to have him in executive session or court, makes me no difference, but I got a lot of questions how we get to where we're at because this ain't our first row on this kind of mess up we just went through it over across the street, somebody needs to learn how the process works,” said Commissioner McSwain.

Judge Harbison stated she agreed. The motion carried with all commissioners in favor.

Delbert Jackson addressed the Court regarding Historical Markers for the Historical Courthouse lawn.

“A few months ago, I spoke with the judge about revisiting the marker installation on the courthouse square because we received other information that we weren't privy to at the initial asking for the marker,” said Jackson.

Jackson said that, through the assistance of the Equal Justice Initiative, the installation of the marker at MLK and Daniels Street was made possible to help people be aware of the “narrative.” Jackson is employed by Tyson Foods who he said donated over $1 million to the Equal Justice Initiative.

“Tyson Foods actually donated $1 million dollars to the Equal Justice Initiative after George Floyd was killed by police and to make a statement that Tyson Foods was against racism and social injustice, and it just was coincidental that I stumbled upon the Equal Justice Initiative when I couldn't get the marker placed, you know, by any other means,” said Jackson. “I just find that miraculous that my employer would make that kind of contribution, not only to the Equal Justice Initiative, but to four other nonprofits.”

Jackson said he didn’t arbitrarily come up with the idea of placing a marker on the square. He referenced the Blue Ribbon Tree ceremony that used to be held outside of the courthouse to honor the victims of child abuse by tying a blue ribbon to branches of a tree.

“Ribbons during the Child Abuse Awareness Month, which also coincided with Confederate History Month and that image is just right down the sidewalk from where the ladies of the Republic of Texas are located. And I felt that to have that type of representation and children involved in it without knowledge of the significance of that site was not education. So that's why I asked for the marker to be placed there so that when people come to that site, they would understand that a place of justice is a hollow or a sacred place,” said Jackson.

Jackson said he helped construct the active courthouse with George Ihlo and that Ihlo’s daughters have submitted letters stating they are desirous of a marker to be placed on the courthouse square.

Jackson’s address to the commissioners was more multi-faceted than just to address the marker. He spoke of a caricature map of Shelby County once sold by the Chamber of Commerce that he states had inaccuracies that he brought to the attention of the Chamber, which then ceased to sell the map.

Leonard McCowin, who it was alleged was struck in the head with a rifle by a City of Center Marshal name Ryan McCallum, died due to injuries he received while on the Center square in 1947, was another individual Jackson mentioned during his address of the commissioners.

According to Jackson, the lynchings of Lige Daniels and Buddy Edmonds were the only ones documented on the square, yet they weren’t shown on the map by the “hanging tree.” A man named Joe Shields who, according to Jackson, was known for swindling people out of land was hung in Timpson and his name is depicted on the caricature map.

“We would like for the county historical commission to grant permission for a historical marker for the victims of racial terror to be placed on the courthouse square,” said Jackson. 

The names of Judge R.L. Parker and Sam Weaver are on the courthouse square; however, Jackson says the names of his grandfather Sam McCowin, and five other black men are not named in reference to the courthouse and their participating in bringing the county records from Shelbyville to Center.

“There's like a lack of diversity, inclusion, and equity in the usage of the courthouse square, and I'm recommending to the historical commission that that practice ends, and that even Leonard McCowin should be recognized,” said Jackson.

Judge Harbison asked Jackson if he has ever made any type of application to the Texas Historical Commission and Jackson said he did initially and it never went through just a month before speaking with the commissioners.

Teddy Hopkins, Shelby County Historical Commission President, addressed the court about the process of seeking a historical marker and being available to speak with Jackson in the future about making an application for a marker.

“You first deal with the Shelby County Historical Commission for preparing an application for a marker, and I would be happy to have that kind of conversation with you any time I'm at the museum,” said Hopkins.

Shelby County Constables gave an update to the commissioners on handheld Rapid Radio units which were purchased for them to test and see if they would be useful.

The constables reported the internet/cell phone based radios are working really well and Commissioner Bellmyer used one of the radios to contact Tracy Broadway, Justice of the Peace for Precinct 5, on the radios during the meeting and had a very clear communication. Constables agreed there was around 90% coverage with the radios.

Debora Riley, Shelby County Tax Assessor-Collector, spoke with the court about the 2024 proposed tax rate, recording the vote and scheduling a public hearing for September 11.

Judge Harbison verbalized the motion of to include the separation of the general fund rate of .616400 and a special road and bridge rate of .066800.

Commissioner McSwain made the motion in response to what Judge Harbison stated and his motion was seconded by Commissioner Stevie Smith. The motion carried.

Riley reiterated the rates and stated a total of .6832 being the proposed with the date of proposed and possible adoption being September 11.

The commissioners discussed filing for Public Assistance on DR 4798 Hurricane Beryl, and decided it wasn’t necessary for them and not filing for it doesn’t impact other available support for residents and businesses.

Commissioner Smith moved not to file for the assistance and his motion was seconded by Commissioner Jimmy Lout. The motion carried.

The meeting adjourned at 12:10pm.

Agenda items approved during the meeting include:

1. Approve weekly expenses, with the exclusion of bills from Hagler Painting and Remodeling.

2. 2024 proposed tax rate, record vote and schedule Public Hearing for September 11.

3. Adjourn.

Agenda items tabled during the meeting include:

1. Discuss and possibly request bids to repair lighting, electrical, and water issues with the Shelby County Jail cells. 

September 1, 2024 - James Alan Burke, Jr. was convicted and sentenced to life imprisonment August 29, 2024, in the 273rd Judicial District Court with Judge James A. Payne, Jr presiding.

Burke was present with his attorney Deck Jones and Karren Price, Shelby County District Attorney, as Burke entered a plea of guilty for possession with intent to promote child pornography with previous conviction, 1st degree felony.

Judge Payne sentenced Burke to life imprisonment in the Texas Department of Criminal Justice Institutional Division. For Burke’s jail time in the Shelby County Jail, he received 526 days credit toward his sentence.

Burke also pleaded guilty to two other lesser charges of failure to comply with sex offender registration, third degree felony; and online solicitation of a minor, third degree felony. 

The sentences are structured to run consecutively with the life-sentence being followed immediately by the 10-year sentence in the online solicitation of a minor conviction and the 10-year sentence for failure to comply with sex offender registration conviction to immediately start after that sentence is completed.

In court the prosecution stated that as part of the plea agreement it will not seek any further charges from Burke’s phone devices that were taken into evidence by Center Police Department.

According to court documents as part of Burke’s plea agreement on possession with intent to promote child pornography with previous conviction, 1st degree felony, seven other cases were dismissed including three cases of sex offenders duty to register life/annually; and four cases of possession with intent to promote pornography with previous conviction.

Burke was arrested on March 3, 2023, by Center Police Department officers after an undercover operation by “private citizens” revealed Burke’s intent to solicit sex from a 13-year-old girl at a local store in Center after planning online to meet that individual at the store where Burke was working.

Related Articles:

• Child Predator Undercover Operation Catches Timpson Man
• SC Grand Jury Indicts 23 Cases Including Alleged Child Predator
• Shelby County Grand Jury Indicts 33 Cases
   

August 29, 2024 - A Shelby County Grand Jury handed down 26 indictments on Tuesday, August 20, 2024. The grand jury was impaneled for the July 2024 term of the 123rd/273rd Judicial District Courts.

Torin Elige McSwain was indicted for prohibited weapon, third degree felony. The indictment alleges, on June 7, 2024, McSwain possessed a short barrel firearm, specifically the barrel of the firearm measured approximately 10 inches, a violation of Texas Penal Code 46.05 Prohibited Weapons. The indictment further alleges the weapon was not registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearm, and Explosives or not subject to that registration requirement, and the weapon was not classified as a curio or relic by the United States Department of Justice. (273rd Judicial District Court)

Torin Elige McSwain was indicted for escape from custody, third degree felony. The indictment alleges, on June 17, 2024, McSwain escaped from the custody of John Mills, who was then and there the jail administrator at the Shelby County Sheriff's Office, when McSwain was under arrest for the offense of possession of a prohibited weapon, a felony. (273rd Judicial District Court) (Related article: Law Enforcement Apprehend Escaped Inmate)

Dontay Demond Barnes was indicted for theft of property, >=$150K<$300K, second degree felony. The indictment alleges, on May 20, 2024, Barnes took a white 2022 Mack truck and a silver 2024 Pace trailer, of the value of $150,000 or more but less than $300,000, from Tyson Foods, the owner, without the effective consent of Tyson Foods and with intent to deprive Tyson Foods of the property. (273rd Judicial District Court)

Crystal Dawn Smith was indicted for abandoning/endangering a child with intent/knowledge/reckless/criminal negligence. The indictment alleges, on August 3, 2024, while Smith had custody, care, or control of a child younger than 15 years of age intentionally abandoned the child in a place that exposed the child to an unreasonable risk of harm. Namely, leaving the child unattended in a hotel room. (273rd Judicial District Court)

Ragan Mitchell Kryst was indicted for abandoning/endangering a child with intent/knowledge/reckless/criminal negligence. The indictment alleges, on August 3, 2024, while Kryst had custody, care, or control of a child younger than 15 years of age intentionally abandoned the child in a place that exposed the child to an unreasonable risk of harm. Namely, leaving the child unattended in a hotel room. (273rd Judicial District Court)

Kevin J. Zamora was indicted for theft of property >=$2,500<$30K, state jail felony. The indictment alleges, on June 26, 2024, Zamora took a Snapper lawn mower valued at $4,000, Kubota L3400 HST tractor valued at $16,000, box blade, bush hog, Toro riding lawn mower, multiple antiques, miscellaneous power tools, table saw, chop saw, air compressor, and a white 1999 USCA cargo trailer of the value of $2,500 or more but less than $30,000, from Phillip M. Amos, the owner, without effective consent and with intent to deprive of the owner of the property. (273rd Judicial District Court)

Brittney Nicole Smith was indicted for obstruction or retaliation, third degree felony. The indictment alleges, on March 24, 2024, Smith threatened to harm Cortney Tindol by an unlawful act, namely threaten to shoot her, in retaliation for or on account of the service or status of Cortney Tindol as a public servant, namely, Child Protective Services Case Manager. (273rd Judicial District Court)

Brittney Nicole Smith was indicted for burglary of a habitation, second degree felony. The indictment alleges, on March 24, 2024, Smith entered a habitation without the consent of Candy Myers, the owner, and attempted to commit or committed theft of a 22 caliber rifle owner by Myers. (273rd Judicial District Court)

Tammy Sue Sims was indicted for theft of property >=$2,500<$30K, state jail felony. The indictment alleges, on May 5, 2024, Sims took an Apple iPhone 14, four chrome rims, a set of Memphis sub-woofers and amp, several chainsaws, red Honda motorcycle CRF450R 5000, and a blue Yamaha GT125 800 of the value of $2,500 or more but less than $30,000 from Christopher Weaver and Amanda Wright, the owner, without effective consent and with intent to deprive of the owner of the property. (123rd Judicial District Court)

Covarcea J. Simmons was indicted for theft of firearm, state jail felony. The indictment alleges, on March 30, 2024, Simmons took a firearm from Alberto Cuero, the owner, without effective consent and with intent to deprive of the owner of the property. (273rd Judicial District Court)

Gary Lewis Smith was indicted for injury to a child, elderly individual, or disabled individual, third degree felony. The indictment alleges, on May 21, 2024, Smith caused bodily injury to Steven Parker, an individual 60 years of age or older and disabled, by hitting him in the left eye and throwing him to the ground. (123rd Judicial District Court)

Ricardo Lagunas Rodriguez was indicted for engaging in organized criminal activity, state jail felony. The indictment alleges, on April 8, 2024, Rodriguez with intent to establish, maintain, or participate in a combination or in the profits of a combination the combination consisting of Rodriguez and Jonathan Vincente and Marlena Poore and an unknown man hereinafter known as FNU LNU, who collaborated in carrying on the hereinafter described criminal activity. The indictment goes on to say the group conspired to commit the unlawful offense of unlawful possession of stolen property and weapons by agreeing with each other that they would engage in conduct that constituted the offense, and Rodriguez, Vincente and Armando Huerta and FNU LNU, performed an overt act in pursuance of the agreement, namely unlawful possession with intent to deliver a controlled substance or dangerous drug while, in possession of stolen property and weapons. (273rd Judicial District Court)

Marlena Merissa Poore was indicted for engaging in organized criminal activity, state jail felony. The indictment alleges, on April 8, 2024, Poore with intent to establish, maintain, or participate in a combination or in the profits of a combination the combination consisting of Poore and Jonathan Vincente and Ricardo Lagunas Rodriguez and an unknown man hereinafter known as FNU LNU, who collaborated in carrying on the hereinafter described criminal activity. The indictment goes on to say the group conspired to commit the unlawful offense of unlawful possession of stolen property and weapons by agreeing with each other that they would engage in conduct that constituted the offense, and Poore, Rodriguez, Vincente and Armando Huerta and FNU LNU, performed an overt act in pursuance of the agreement, namely unlawful possession with intent to deliver a controlled substance or dangerous drug while, in possession of stolen property and weapons. (273rd Judicial District Court)

Kody James Newman was indicted for aggravated assault with a deadly weapon, second degree felony. The indictment alleges, on September 8, 2024, Newman threatened Jimmy Drew Harris with imminent bodily injury by using and exhibiting a deadly weapon, and did and there use or exhibit a deadly weapon namely a Bersa .380 semi-automatic pistol during the commission of the assault. (273rd Judicial District Court)

Christopher Lance Askew was indicted for burglary of a habitation, second degree felony. The indictment alleges, on July 2, 2024, Askew with intent to commit theft entered a habitation without the effective consent of Carrie and Robert Simpson, the owner. (123rd Judicial District Court)

Eljamario D. Washington was indicted for unlawful possession firearm by felon, third degree felony. The indictment alleges, on July 19, 2024, Washington recklessly carried a handgun on or about his own person, and Washington was not on his own premises or premises that were under his own control, and the defendant was not inside of or directly en route to a motor vehicle or watercraft that was owned by Washington or under his control. The indictment further states, Washington was prohibited from possessing a firearm under section 46.04(a) of the Texas Penal Code, in that at the time of the commission of the charged offense, Washington had previously been convicted of the felony offense of aggravated flight from an officer on December 13, 2018 in Caddo Parish in Louisiana. The possession of the firearm occurred before the fifth anniversary of Washington's release from confinement following conviction of the felony. (123rd Judicial District Court)

Amos Martin Bergeaux was indicted for burglary of a habitation, second degree felony. The indictment alleges, on May 3, 2024, with intent to commit theft Bergeaux entered a habitation without the effective consent of Lucas, Regina, and Lee Brazzel and David Carroll, the owner. (123rd Judicial District Court)

(Dates in parenthesis indicate the date of the alleged incident):

• Brandon Dekee Barnes, possession of a controlled substance PG1/1-B >=4G<200G (phencyclidine), second degree felony (May 14, 2024). (273rd Judicial District Court)
• Keneth Grimes, possession of a controlled substance PG1/1-B >=1G<4G (methamphetamine), third degree felony (February 8, 2024). (123rd Judicial District Court)
• Adria Simone Polley, possession of a controlled substance PG1/1-B >=4G<200G (methamphetamine), second degree felony (June 16, 2024). (123rd Judicial District Court)
• Robert Nathan Stephenson, possession of a controlled substance PG1/1-B >=1G<4G (phencyclidine), third degree felony (April 18, 2024). (273rd Judicial District Court)
• David L. Godwin, possession of a controlled substance PG1/1-B <1G (methamphetamine), state jail felony (November 22, 202). (123rd Judicial District Court)
• Ricardo Lagunas Rodriguez, possession of a controlled substance PG1/1-B >=4G<200G (methamphetamine), second degree felony (April 8, 2024). (273rd Judicial District Court)
• Marlena Merissa Poore, possession of a controlled substance PG1/1-B >=4G<200G (methamphetamine), second degree felony (April 8, 2024). (273rd Judicial District Court)
• Eric Jerome Jackson, possession of a controlled substance PG1/1-B >=1G<4G (methamphetamine), third degree felony (February 27, 2024). (123rd Judicial District Court)

Indictments and Information are not a conviction, and are a matter of public record. All individuals are presumed innocent until found guilty in a court of law.

August 27, 2024 - The Shelby County Commissioners were updated Judge Allison Harbison on the non-compliance designation of the Shelby County Jail applied by the Texas Commission of Jail Standards during the Commissioners' Court Reports portion of their meeting August 14, 2024.

“We did get another letter from jail standards, and it appears that I will be spending a lot of time in Austin, because we have to be there every time. Every quarter they meet, Shelby County has to have a representative there until all delinquencies are met. That's really all I have to say about that,” said Judge Harbison.

Judge Harbison indicated for the commissioners a copy of the letter from TCJS was included in their meeting information for reference and she invited any of the commissioners to attend as well, if they would like, and for the sheriff to be there.

“There will be some things on the agenda next week, I didn't put them on there this week because there was not going to be a representative from the sheriff's office, so we'll get that on there next week to correct a couple of physical problems over there (in the jail) with the lighting and wiring and things like that,” said Harbison.

Judge Harbison indicated that only one of the items they have to address could actually be fixed with someone making repairs.

“The rest of them were just record keeping and and things like that, so I think the media already has a copy of it because I saw it on [Shelby County Today] this morning,” said Judge Harbison.

She stated news media is also seeking comment from her on the issue of the non-compliant jail.

Judge Harbison informed the commissioners the information is available in her office for review and items related to it would be added to the following week agenda. She invited comment from the commissioners on the subject and Commissioner Tom Bellmyer accepted the invitation.

“The initial letter, I mean it goes back from March of [20]23 and we've been in and out of compliance and I know that you (Judge Harbison) and the previous chief deputy and had to actually go to Austin, but I guess what hurts my feelings some is if you look at the letter, the cover letter, the governor of Texas is copied on this letter. Greg Abbott actually gets a copy and knows that Shelby County is not in compliance,” said Commissioner Bellmyer.

He further stated he would be glad to go to Austin to help represent Shelby County.

“I will tell you, they were doing the jail inspection the day we came back from College Station, and I spent the afternoon up there. And the new jail inspector is a great guy, and he explained everything to us. So I don't feel like this was knit-picking, I think it was things that really need to be fixed,” said Judge Harbison

She reiterated the remaining issues are paperwork and “jailers doing their job.”

On another subject, Commissioner Bellmyer stated that on the Friday previous to the meeting, an engineer, driller and Billy Askins met at the Huber Water Well site and the driller liked the site he said that Askins had prepared it properly and he told them that he would move in on the project in two weeks.

“That was good news we've been kind of waiting on that, and so hopefully we'll get a new water well there for the folks in Huber,” said Bellmyer.

Sherry Riley, Veterans Service Officer, updated the commissioners on VA expenditures for Shelby and San Augustine Counties for the fiscal year 2022-2023 which she stated always runs a year behind in reporting.

According to Riley, the veteran population in Shelby county has decreased by 42 the total benefits received by Shelby County veterans increased by $123,000. Compensation increased by $278,000 Education and Vocational Rehabilitation decreased by $4,000 while insurance and indemnities decreased by $39,000. Medical care decreased by $111,000 and unique patients increased by five. Overall, benefits received by Shelby County veterans through the following of compensation and pension benefit claims in fiscal year 2023 is $18,105,000.

The San Augustine veteran population increased by 11 and total benefits received by San Augustine County veterans decreased by $472,000. Compensation decreased by $129,000. Education and Vocational Rehabilitation decreased by $34,000, insurance and indemnities increased by $4,000, medical care decreased by $314,000 and unique patients decreased by 24. Overall benefits received by San Augustine county veterans through the filing of compensation and pension benefit claims in fiscal year 2023 is $7,856,000.

Riley then referenced specifics of her of her office, “There's been 64 total claims filed in the past 12 months, of these claims eight were awarded at 100 percent, three were awarded at 90 percent seven at 80 percent three at 70 percent three at 60 percent three at 50 percent, and five were awarded under 50 percent,” said Riley. “Five of the total claims were DIC claims, also known as widow's pension. Four of those have been awarded, which enables these widows to have a monthly income for the rest of their lives and health insurance and one of those claims is pending.”

Of the 64 claims that have been made, 15 claims are pending decision, and seven claims have been denied.

Judge Harbison questioned if those that were denied were appealing those decisions and Riley said some of them were appealable issues while others were not.

The meeting was adjourned at 9:57am.

Officers reports for the month of June as presented by Ann Blackwell, County Treasurer:
Fees for the month of June 2024
Officers reports for the month of June 2024 as presented by Ann Blackwell, County Treasurer:

• Debora Riley, Tax Assessor Collector - Property: $126,474.56; Motor Vehicle: $31,351.1; Total: $157,825.71
• Jennifer Fountain, County Clerk - $37,598.60
• Lori Oliver, District Clerk - $12 ,673.85
• Donna Hughes, JP1 - $22,487.10
• Marla Denby, JP2 - $1,546
• Melba Rodgers, JP3 - $2,121.50
• Dee Dee Green, JP4 - $2,429.00
• Tracy Broadway, JP5 - $4,654.25
• Zack Warr, Constable 1 - $345.00
• James Hagler, Constable 2 - $90.00
• Roy Cheatwood, Constable 3 - $250.00
• Taylor Fanguy, Constable Precinct 4 - $180.00
• Josh Tipton, Constable Precinct 5 - $90.00
• Sheriff’s Fees - $1,005.00

Total of $243,296.01

Total investments of $16.288,011.56
Total interest earned on investments of $81,594.46

Agenda items approved during the meeting include:

1. Minutes of July 3 Special Meeting, July 3 Budget Workshop, July 10 Regular Meeting, July 12 Emergency Meeting, July 24 Special Meeting and July 31 Special Meeting of the Shelby County Commissioner’s Court.
2. Weekly Expenses
3. Payroll.
4. Officers Report.
5. Adjourn - 9:57am.