Tyler

By KENNETH DEAN
and CASEY KNAUPP
Staff Writers

A special prosecutor has been appointed to handle the criminal investigations into a Smith County constable's security business and allegations that his deputies were being paid to work private security while on the county clock.

The investigation surrounds Precinct 1 Constable Henry Jackson and his security company, Fail Safe Security Agency, on West Gentry Parkway.

Tyler defense attorney Tonda Curry was appointed to prosecute the case for the state after Smith County District Attorney Matt Bingham recused his office because an employee could be a possible witness in the case.

Bingham told the Tyler Morning Teleg-raph Tuesday he was informed by Texas Department of Public Safety troopers they had initiated an investigation into Jackson on Feb. 26.

Sgt. Douglas Whit-worth of the DPS' Private Security Bur-eau answered questions posed by the Tyler Paper regarding the investigation.

Whitworth said Jackson is under investigation for multiple violations of Section 17:02 of the State Occupational Code. Under the code, each offense would be a Class A misdemeanor.

He went on to say that a local DPS sergeant on routine security company checks found that deputy constables employed by Jackson's private security firm were wearing their constable uniforms while working for the security company.

"We have found that there were multiple times of this taking place," he said.

Whitworth said he and Sgt. Richard Brown, of the Tyler DPS bureau, discussed the case with Bingham's office.

DA RECUSED

Bingham said there were several reasons he recused his office from prosecuting the case. He said he wanted the investigation to be completed and that he did not want to do anything before the March 4 Primary Election because he did not want it to appear politically motivated.

On March 12, Bingham was informed that Deloris Johnson, the officer manager for the district attorney's office, was also listed as the manager of Jackson's security company. He said Ms. Johnson was on vacation at the time and, although he didn't believe she was actively involved in managing Jackson's company, she could be a witness in the case.

So before the search warrants were executed, he felt it was necessary to file the motion for a special prosecutor and he did so on March 13, he said. State District Judge Jack Skeen Jr. appointed Ms. Curry to fill the role.

Bingham said Ms. Curry requested the order of her appointment be sealed because the search warrants had not been executed.

As constable, Jackson could possibly learn of pending searches against him. The search warrants were executed the next day.

Bingham said he did not want any appearance of favoritism or impropriety and wanted an independent party to investigate and ask Ms. Johnson about her involvement or lack of involvement in the case.

Ms. Johnson, who has already spoken to law enforcement about her involvement, had a large number of vacation days built up and will be on leave until the investigation is concluded, he said.

PROPERTY SEIZED

Whitworth said the searches of Jackson's constable office, the security company and his home were all part of the investigation, and items such as computers and office equipment were taken to gather information.

The DPS officer said investigators are looking at timesheets of deputy constables who also did work for his security agency.

"We are going through all of the evidence we obtained from the searches to see how many times this may have taken place," he said.

Whitworth said Jackson's license to operate a security business was valid and there were no issues with his licenses.

Jackson's firm provides security at Texas College and several other locations in and around East Texas.

Texas College officials refused to comment about the case on Monday, citing that everyone is innocent until proven guilty.

Whitworth said many security companies have problems, but most are administration issues.

"There are companies with these types of problems, but they don't happen every day," he said.

CONSEQUENCES

Whitworth said he did not know if the investigation could lead to Jackson's removal from office, but did say each count could land the constable in jail for up to one year with a $4,000 fine.

Asked if there were any other aspects of the investigation, Whitworth replied, "We never know what we might find once we start digging through all of this information we have."

The Tyler Paper has also received information that the Texas Ethics Commission was following up on complaints of wrongdoing in the recent election. However, Tim Sorrells of the commission, said under Texas Government Code Section 571.140 he could not discuss any complaints or even confirm complaints had been made.

Jackson said he is still operating his security firm, but since the investigation it has been "very difficult."

"I have not shut it down, but they have put me in a bind," he said.

Jackson said he and his attorney are discussing his options regarding possible charges, but he would not comment on how many investigations might be ongoing.

When asked if there had been any discussion or if he had thought about stepping down from his elected office, he replied, "I have no comment on that at this time."

UNDER INVESTIGATION: Constable Henry Jackson’s Fail Safe Security Agency in Tyler, seen Tuesday, was searched by deputies executing a warrant Friday night.
(Staff Photo By Jaime R. Carrero)