Grand Jury Indicts former Oak Ridge City Manager
City Councilman indicted for Perjury
Former Mayor Pleads Guilty
On February 23, 2010 a Montgomery County Grand Jury indicted former Oak Ridge City Manager Paul Mendes on two counts of Abuse of Official Capacity. The indictments allege that with the intent to obtain a benefit or the attempt to defraud or harm another Mr. Mendes intentionally or knowingly misused government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment. The indictments allege two separate offenses, one involving two generators and one involving a Mitsubishi truck and a lawn mower. The count involving the generators is a third degree felony punishable by 2-10 years in prison and a $10000 fine and the other count is a State Jail Felony punishable by 180 days to 2 years in the State Jail and up to a $10000 fine.
The Grand Jury also indicted Oak Ridge North Councilman Don Tucker for Perjury. The indictment alleges that Mr. Tucker made two inconsistent sworn statements regarding allegations of illegal wiretapping by the Police Chief Andy Walters. Perjury is a Class A Misdemeanor punishable by up a year in the county jail and up to a $4000 fine.
The Grand Jury no billed Chief Walters on the wiretapping allegations, finding that no probable cause existed to believe that he had engaged in any violation of Texas wiretapping statues. (See Texas Penal Code Section 16.02).
The Grand Jury further no billed Steve Holcombe, an Oak Ridge North Councilman, finding that no probable cause existed to believe that he had committed the offense of Abuse of Official Capacity regarding some work done by city employees outside of works hours at his property.
Also on the 23rd, former Mayor Fred O’Connor pled guilty in misdemeanor court to a violation of conflict of interest laws. As part of the plea agreement he was required to resign his position as mayor, plead guilty and pay the maximum fine of $4000. Judge Keith Stewart took the plea and accepted the states recommendation. The allegations in the indictment allege that Fred O’Connor abide by appropriate conflict of interest rules while acting as CEO of Biofuels a company that was engaged in business with the city.
“This has been an extensive investigation by both federal and local law enforcement,” said Phil Grant, the First Assistant District Attorney and head of the Montgomery County District Attorney’s Public Integrity Unit. “The former mayor’s plea resolves only one part of this matter. We look forward to presenting the true facts on the rest of these cases to a Montgomery County jury at the appropriate time.”
What do all the Mendes “petition” signers think of him now? Guess the Grand Jury thought he shouldn’t have let the City of Oak Ridge pay for his private vehicle parts! Mr. Tucker appears to have some ’splaining to do, too. It appears that city council did the right thing in firing Mr. Mendes.
Maxxbuster
“The BANE of Our Society…Ill-Gotten Gain and Arrogant Public Servants”