January 29, 2019 - The Shelby County Commissioners' Court discussed several items the Shelby County District Attorney was desirous of during their meeting held Wednesday, January 23, 2019
First in the list of items on the District Attorney wish list was a new vehicle for his office to be used by the District Attorney Investigator, Joey Haley.
Stephen Shires, District Attorney, informed the commissioners of the journey his office has taken by way of a vehicle for his investigator. The one previous "hand-me-down" Crown Victoria from the Sheriff's Department and one purchased by the District Attorney's Office with forfeiture funds and a Cadillac from the seizure program.
As explained by Shires, due to the previously mentioned vehicles being in delapidated conditions it's been necessary for Haley to drive a vehicle belonging to Shires. This has now been followed by Haley acquiring a new personal vehicle, which he currently is driving with the intent of turning in mileage for reimbursement.
Shires said on the day previous to the meeting there were 94 cases presented in court and he stated that wasn't a rarity, and he said that was an average number from 2018. With 24-25 cases that have actually been to trial.
He commended his staff on the support they provide him and how necessary they are to him accomplishing his job. Shires explained the intricacies of Haley's job which requires him to deliver subpoenas, interview witnesses, coordinate with agencies across the county, and provide support to those agencies.
A federal ruling was recently handed down relating to the lawsuit involving the city of Tenaha and Shelby County, James Morrow, et al v. City of Tenaha Deputy City Marshal Barry Washington, et al. The ruling extended the monitoring for another 18 months.
"It's been made quite clear to us that we need to show that we can do drug interdiction work in Tenaha correctly," said Shires. "Just not doing it is not sufficient to get us out of the lawsuit, so we're going, we've made the decision that we're going to do drug interdiction."
Shires stated it would be primarily run through his office giving him the opportunity to oversee the activities and ensure everything is handled lawfully. The resulting funds from such activities, Shires said would eventually help to pay for the new vehicle.
"I will be willing to enter into some sort of agreement, if I do get seizure funds based on drug interdiction work, to reimburse the county for this, but we're asking you guys to acquire a new vehicle for the Shelby County District Attorney's Office," said Shires.
A quote of $37,000 for a new Dodge Charger was presented to the commissioners by Shires and Haley as Shires explained to provide Haley with a reliable vehicle for official county purposes.
Judge Harbison asked Shires if he has asked the City of Center to contribute to such a purchase since his office works so closely with the Center Police Department. He said that had been considered and he would speak with Chad Nehring, City Manager, about the possibility.
Clint Porterfield, County Auditor, stated he had previously spoken with Haley about the use of his personal vehicle and Porterfield said one of the greatest concerns in the vehicle being used in an investigative capacity, it isn't covered under county insurance.
"Anything that happens with that vehicle in the line of his work, that would be on his mileage report," said Porterfield. "Mileage would be the only funding he would get to cover anything that would happen to that vehicle."
Any expenses would not be covered beyond mileage, according to Porterfield. The other three vehicles currently in the possession of the District Attorney's Office, and what will happen with them was an additional concern to Porterfield.
Shires felt one vehicle has the possibility of resurrection and could be kept as a spare vehicle for use in the interdiction program, with the other vehicle being used as a parts car. He said he wouldn't be opposed to scrapping the vehicles and putting that money into the seizure fund.
Roscoe McSwain, Precinct 1 Commissioner, had concerns over the prospect of drug interdiction activities involving the District Attorney's Office and he wanted clarification on who Haley would be representing, "You're an actor of the state, I want a definition, is [Joey Haley] an actor of the county? Should he get involved with Tenaha doing drug interdiction and something go bad, and you know how lawyers are it don't have to be bad to be a lawsuit. And I want to know, would he be considered an actor of Shelby County, or an actor under yourself?"
Shires said Haley wouldn't be doing drug interdiction, "Running a drug interdiction program through my office, but it's not going to be Haley."
McSwain reiterated his question of who Haley would be directly representing.
"You see my question, is he a state actor under yourself, or is he an actor under Shelby County? Will we be responsible for him as we was the Shelby County Constable the first go round if he's involved in that up there?" said McSwain.
"That's the beauty of this if it runs through my office, I believe that would be through the District Attorney's Office," said Shires.
McSwain further explained his concern if Haley is a representative of the county, and since the county is paying him, the county would bear the responsibility were anything to go awry.
Shires said Haley would not be a part of roadside drug interdiction and he stated the Sheriff wouldn't be involved, because he, "hasn't shown any interest," in participating. He further explained the District Attorney's Office and Sheriff's Department have a traditional agreement about seizures when illegal drugs are located that has nothing to do with roadside interdiction.
"What was made clear to us by the the federal judge and the plaintiff's lawyers is that we're never going to get out of this lawsuit unless we do some drug interdiction to prove that we can do it correctly," said Shires.
McSwain wanted to know if an officer has a stop in Tenaha and has a legal question, would the scenario be as it had been leading up to the federal lawsuit where the "DA and investigator drove up on the scene and made the decisions."
Shires said that is not at all how it would work, and he stated if he were to go to any scene as a prosecutor it would make him a witness.
Haley won't be involved in roadside drug interdiction activities from what Shires said; however, he did explain there is a narcotics investigation unit out of the District Attorney's Office.
David Haley, Center PD narcotics investigator, is also a reserve officer in the District Attorney's Office, said Shires. He said the DA's office works regularly across the county with other cities and constables to perform narcotics investigations, which Joey Haley is a party to handling.
Shires reiterated not doing roadside interdiction has not been deemed sufficient.
Judge Harbison said that wasn't exactly what she got out of the federal hearing.
"The only thing he was mad about was the monitoring we have not been admonished for not doing interdiction, that was what the plaintiff's attorney was wanting to happen," said Judge Harbison.
Shires said there has to be interdiction, because the monitoring can't be of no activity. He said he has met with everyone involved and they want to see things done properly.
"The judge was concerned as soon as the lawsuit got lifted that we would go back and do it," said Shires.
"And that's the way it should always be done, properly," said Harbison.
They both agreed, if it's going to be done at all.
Discussion continued on the possibility of purchasing a vehicle and it was determined before moving forward, the court would like to be presented with additional quotes to provide further options.
A motion carried to table the consideration of purchasing a vehicle for two weeks.
The commissioners heard further from Shires on a drug court grant he would like to seek.
"We didn't get any funding last year for drug court for a couple reasons. I just think that it's kind of drying up," said Shires.
He remarked Panola County didn't receive any such funding either. Although there wasn't funding, Shires said a drug court program has been established for Shelby County with 15 to 20 participants.
"When our probation joined up with the Deep East Texas Division out in Jasper now, they were able to actually get some money for some counseling," said Shires.
The benefit of a drug court, as explained by Shires, is for those who successfully complete the program, those are individuals law enforcement and the judicial system no longer are having to handle.
A motion carried for the Shelby County District Attorney's office to seek a Drug Court grant from the governor's office.
Shires described for the court the need of his office to have surveillance and ballistic equipment.
"We're always hoping to upgrade, especially our technology for narcotics investigations," said Shires.
A motion carried for the District Attorney's office to apply for a Grant for equipment from the governor's office.
The meeting adjourned at 10:11am.
Agenda items approved during the meeting include: 1. Pay weekly expenses. 2. Current payroll. 3. Disbursement of Capital Credits for FY 2018 to the Children's Advocacy Center. 4. Participation Agreement between Tyler Technologies, Inc. and Shelby County for the benefit of the District Clerk's office for receiving fees through the Search Tx website. 5. District Attorney's office to apply for a Grant for Drug Court from the governor's office. 6. District Attorney's office to apply for a Grant for Equipment from the governor's office. 7. Adjourn at 10:11am Agenda items tabled during the meeting include: 1. Discuss and possibly approve the District Attorney's office to purchase a new vehicle.
