DA Press Release – Oak Ridge Indictments – Mendes, Tucker

Grand Jury Indicts former Oak Ridge City Manager
City Councilman indicted for Perjury
Former Mayor Pleads Guilty

DA_coin 2On 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.”

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6 Responses to “DA Press Release – Oak Ridge Indictments – Mendes, Tucker”

  1. maxxbuster says:

    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”

  2. T.Bach says:

    So, now that he’s been found INNOCENT ON ALL COUNTS what do all of you ill informed nay sayers think? I bet all the petition signers feel pretty darn good about the horse they backed. You?

  3. T.Bach says:

    Mr. Mendes was not only found innocent, it should also be known he refused numerous offers of plea bargains. The man was completely railroaded and refused to admit to anything he didn’t do. I have the utmost respect for the man. The real loss here is for the citizens of Oak Ridge North, where Mr. Mendes created more positive growth and funding thatn that little burg has every realized or will again. Way to waste the city’s money, council. I hope the voters remember this when the next election comes.

  4. maxxbuster says:

    Juries don’t find defendants “innocent”.

    They either find guilty or not guilty of the charges brought by the DA. A finding of “not guilty” does not necessarily mean that defendant is “innocent” of wrongdoing ONLY THAT THE DA MAYBE DIDN’T PRODUCE SUFFICIENT EVIDENCE TO SATISFY JURY “BEYOND A REASONABLE DOUBT”. Everyone knows if you have enough money to buy a top notch defense lawyer you have an excellent chance of being able to convince a jury of enough reasonable doubt for them to vote “not guilty”. That’s why attorneys are often referred to as “mouthpieces”. The best ones have been known to talk a murderer out of a conviction with just a little bit of “reasonable doubt”.

  5. maxxbuster says:

    Remember O.J.??? Are you really ignorant enough of the facts to believe that he was INNOCENT ON ALL COUNTS brought against him or do you think his slick talking “mouthpieces” had everything to do with the “NOT GUILTY” verdict?? Wake up and smell the coffee.

  6. JSRP says:

    I have known Paul Mendes since 1968 and serviced with him in Special Forces and on classified operations for the Intelligence Community overseasat the highest possible levels in the history of the U.S., on some the most treacherous missions any Intelligence Group has ever engaged upon. He is a highly decorated Green Beret with skill sets, integrity and bravery and honor second to none. I have never even caught him in a white lie…A true hero,a man amongst men and a God Fearing Warrior. How tragic that his educational background, high degree of intelligence could ever be misinterpreted as an illegal or felonious act. Shame on those of you who dare to question his integrity. Those of you who did so are not only misinformed but perhaps eaten up with “the green monster” known as jealousy. Respectfully.

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