Posted 6:41 am Wednesday, October 01, 2008
Anderson County Commissioner Resigns After Guilty Plea
PALESTINE -- Anderson County Precinct 3 Commissioner Ronny Smith has pleaded guilty to three counts of abuse of his official capacity and resigned from his first term on the commissioners court.
Although Smith's letter of resignation did not give a reason, county Judge Linda Bostick Ray said Tuesday, "We know the reason was that he pleaded guilty to misuse of office."
Smith submitted his resignation Monday morning and pleaded guilty Monday afternoon before Anderson County Court-at-Law Judge Jeff Doran to three misdemeanor counts of abuse of official capacity. The charges, classified as felonies, alleged that Smith misused $2,644.88 worth of county property or services.
Under a plea agreement with the district attorney, the felony charges were reduced to misdemeanor charges in exchange for Smith's guilty plea, his resignation from the commissioners court and agreement not to seek public office in the future.
Smith was sentenced to one year in county jail, probated for one year and fined $1,000. He was also ordered to perform 80 hours of community service.
The court proceeding followed an investigation launched last March after a private citizen complained to Anderson County Sheriff's Office about seeing a Precinct 3 road and bridge crew hauling dirt cleaned off the right of way on County Road 314 about a mile south to Smith's private property off U.S. Highway 175 East inside the Frankston city limits.
About 40 loads were carried in county dump trucks and it appeared the property was being prepared to be subdivided and sold, Sheriff Greg Taylor said at the time.
That investigation broadened. Although officials were concerned it would be difficult to convince a jury about the value of the dirt, three other counts materialized that the sheriff and district attorney felt had solid proof.
One charge eventually alleged that Smith used a hose or similar piece of equipment purchased at a Palestine business in 2006 with county funds that was placed on his personal tractor by a county employee.
A second charge alleged Smith had usable asphalt, called Rotomilled Materials or "regrind," from a state project on U.S. 79 east of Palestine delivered by a private contractor to his private property. The estimated value was $1,800.
The third charge stemmed from the pro-rated cost of the leased dump truck used to deliver the regrind, calculated by the county auditor's office at $45 per hour for 15 hours charged to the county, for a total of $675.
Taylor said the investigation was not politically motivated. "We did our job," Taylor said.
Under state law, the county judge can appoint a successor to Smith on the commissioners court. Judge Ray said Tuesday she plans to wait until after the election and then will appoint the winner to serve out the remainder of Smith's term.
Smith was defeated in the Republican primary last April by challenger Kenneth Dickson, but his term extends until the end of December. Dickson faces Democrat Rush Herrington for the Precinct 3 seat in the Nov. 4 general election.
Smith is a former mayor of Frankston and a former school board member.
