Published: March 22, 2008 10:35 pm            

County commissioner being investigated for misconduct

Authorities are investigating the possibility that Anderson County Precinct 3 Commissioner Ronny Smith committed a criminal act by having loads of “excess” dirt from a road construction project hauled to his property.

After being contacted about the allegation by an anonymous caller, the Herald-Press contacted Anderson County Sheriff Greg Taylor and Anderson County District Attorney Doug Lowe, both of whom confirmed that a criminal investigation had been initiated.

On March 13, Taylor said his agency initially was contacted by a private citizen who complained that he had observed an Anderson County precinct 3 road & bridge crew hauling dirt from a work site on CR 314, approximately 1 mile south of Frankston off of Texas 155, to private property off of U.S. 175 belonging to Smith.

In response to the complaint, the sheriff said Capt. Tommy Barr traveled to the area later that same day and also observed the precinct 3 crew hauling dirt from the work site to Smith’s private property.

“On Friday (March 14), we (representatives of the sheriff’s office) visited with the district attorney (Lowe),” Taylor said. “He advised us we needed to draw up a report and file it with his office. At this juncture, we’re not sure how it will be styled. The State of Texas is going to be the complainant on this.”

Lowe told the Herald-Press that ultimately the case could be presented to an Anderson County grand jury as official misconduct.

“If there is a charge,” Lowe said, “that would be the most appropriate charge.”

If the total value of the property is valued at $1,500 or more, official misconduct constitutes a state jail felony punishable by six months-to-two years in a state jail facility and a fine not to exceed $10,000.

“Anything less (than $1,500) is a misdemeanor,” Lowe said.

Last week, Smith acknowledged that several dozen loads of ”junk dirt” was dumped in a ravine on his property, saying he was unaware he may be “doing anything illegal or wrong.

“It’s a common practice when we excavate dirt...to displace this junk dirt to the nearest possible place,” explained Smith, mentioning the rising cost of diesel fuel.

The commissioner also asserted his belief that the dirt has no value, saying he had a letter from a dirt contractor in Henderson County supporting his position.

“This is not road material,” Smith said, “it’s just junk.”

Smith said his crew hauled “maybe 40 loads” of the excess dirt from the work site to his property off of U.S. 175 over the course of “just a day or two.”

Ironically, Smith, who has been on the job almost 3 1/2 years, currently is in a runoff race for the Republican nomination for precinct 3 commissioner. When asked, he said he felt the complaint was politically motivated.

“Perfect timing,” Smith responded when asked about the complaint’s timing.

If the case is ultimately indicted, Lowe said his first decision would be whether to prosecute the commissioner or have his office recused.

“I think it’s sort of a case-by-case situation,” Lowe said. “At this point in time, we’re just providing assistance to the sheriff.”

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Paul Stone may be contacted via e-mail at pstone@palestineherald.com

        

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