Archive for the ‘Ouachita Sheriff’ Category

Ethics Hearing on Former Ouachita Sheriff Royce Toney Delayed

03/04/2013

A hearing on charges against former Ouachita Parish Sheriff (OPSO) Royce Toney has been delayed until this summer, Louisiana Board of Ethics Communications Director Alainna Giacone told Lincoln Parish News Online (LPNO) this morning. The hearing had originally been set for today.

Giacone said that in the interests of discovery, all parties had agreed to reset the hearing after discovery (disclosure of material facts and documents) had been completed. The deadline for those disclosures is June 1, Giacone said.

Last fall, the ethics board alleged Toney had violated the campaign finance disclosure act “knowingly and willfully” by failing to accurately disclose the purpose of a $30 thousand expenditure in 2010. It is further alleged that Toney intended to keep $15 thousand of that money for his personal use.

See here the document.

Last August, Toney pleaded guilty to nine misdemeanor counts of accessing a protected computer.

U. S. Chief District Judge Robby James sentenced Toney to six months of home detention wearing an electronic monitoring device, four years of supervised probation and a fine of 15-thousand dollars. Toney also can never serve in any law enforcement capacity.

Orders Issued to Seize Guns – April 18, 1775

01/18/2013

With the national debate on the Second Amendment all over the news, we thought it would be interesting to see the exact wording of the order that was issued the last time Government tried to seize the citizen’s arms.

Orders from General Thomas Gage to Lieut. Colonel Smith, 10th Regiment ’Foot

General Thomas Gage
April 18, 1775
Boston, Massachusetts

Lieut. Colonel Smith, 10th Regiment ’Foot,

Sir,

Having received intelligence, that a quantity of Ammunition, Provisions, Artillery, Tents and small Arms, have been collected at Concord, for the Avowed Purpose of raising and supporting a Rebellion against His Majesty, you will March with a Corps of Grenadiers and Light Infantry, put under your Command, with the utmost expedition and Secrecy to Concord, where you will seize and distroy all Artillery, Ammunition, Provisions, Tents, Small Arms, and all Military Stores whatever. But you will take care that the Soldiers do not plunder the Inhabitants, or hurt private property.

You have a Draught of Concord, on which is marked the Houses, Barns, &c, which contain the above military Stores. You will order a Trunion to be knocked off each Gun, but if its found impracticable on any, they must be spiked, and the Carriages destroyed. The Powder and flower must be shook out of the Barrels into the River, the Tents burnt, Pork or Beef destroyed in the best way you can devise. And the Men may put Balls of lead in their pockets, throwing them by degrees into Ponds, Ditches &c., but no Quantity together, so that they may be recovered afterwards. If you meet any Brass Artillery, you will order their muzzles to be beat in so as to render them useless.

You will observe by the Draught that it will be necessary to secure the two Bridges as soon as possible, you will therefore Order a party of the best Marchers, to go on with expedition for the purpose.

A small party of Horseback is ordered out to stop all advice of your March getting to Concord before you, and a small number of Artillery go out in Chaises to wait for you on the road, with Sledge Hammers, Spikes, &c.

You will open your business and return with the Troops, as soon as possible, with I must leave to your own Judgment and Discretion.

I am, Sir,
Your most obedient humble servant
Thos. Gage.

Johnny Gunter on the Royce Toney Star Chamber Proceedings

08/09/2012

Gunter’s take on last week’s Star Chamber proceedings where former Ouachita Parish Sheriff Royce Toney was given a light tap on the wrist – all done behind closed doors.

On The Streets: Did Toney Get Off Easy?

The government had 23 counts against former Ouachita Parish Sheriff Royce Toney. They spent from 2009 to present investigating the numerous accusations. How much did that cost?

Then after an all-day negotiating session Thursday at the Monroe federal courthouse, the government allowed Toney to plead guilty to nine misdemeanor counts of accessing a protected computer. He is scheduled to be sentenced Nov. 5 at 1:30 p.m. Each misdemeanor count is punishable by up to one-year in jail and up to $100,000 in fines.

With no past criminal record, a safe bet is that Toney will walk and be placed on probation for two or three years, and probably unsupervised. Then Toney can go about his business and enjoy his $140,000 annual retirement.

Did the citizens of Ouachita Parish (the taxpayers), get justice in this case? I would certainly say no.

Just makes you wonder what in the blazes was going on behind the closed doors all day long. Van Hook and King were seen several times going in and talking to Toney and his defense attorneys. They would then go out and return to the basement where the U.S. attorney maintains an office. Back and forth all day long with the press waiting and trying to figure out just what was going on for so many hours.

In my more than 40 years in the business, I’ve never seen anything like what happened Thursday. It makes an old timer really suspicious as to what caused the government to back down especially after two new mail fraud indictments were just reported this week.

I don’t want to speculate that anything under-handed was going on or that someone higher up in government forced the local folks to cut a deal. Surely nothing like that could happen here. Reckon?

And now it looks like Toney’s co-defendant will also walk out free man.

Pretrial Diversion for Toney Co-Defendant?

Judge Robert James has continued the trial date for former Ouachita Parish Major Michael Karl Davis.

This is to determine if Davis fits the criteria to enter what’s known as pretrial diversion.
The U.S. Attorney’s office requested the continuance, which was not opposed by Davis’ lawyer Charles Kincade.

Right now Davis’ federal trial is set for October 1. But if he’s accepted into the pretrial diversion program, a trial will not likely happen.

More from Gunter.

Paralegal Allowed Behind Closed Doors where Royce Toney Negotiations Occurred

One of the better known Louisiana paralegals showed up at the federal courthouse Aug. 2 and was allowed in the room where plea bargaining negotiations where underway for former Ouachita Parish Sheriff Royce Toney.

Mary Jane Marcentel, who served as a defense paralegal in both Edwin Edwards trials, would not comment as to why she was allowed in the negotiating room.

Did the defense hire her? No comment. What was discussed? No comment. What did you have to offer? No comment. And on and on and on, it was no comment.

Toney ended up that day pleading guilty to nine misdemeanor counts of accessing a protected computer. Each count carries a maximum sentence of one-year in prison and up to a $100,000 fine. However, with no past criminal record, Toney will likely not serve a day for his reported misdeeds. In some plea deals, a recommended sentence is agreed upon by both parties.

Toney had originally been indicted on 21 counts of identity theft, computer fraud and obstruction for firing Marc Mashaw, who at the time was Toney’s colonel and third in command. Mashaw had been cooperating with the investigating FBI agent. Last month, the feds filed a superseding indictment charging Toney with two counts of mail fraud. All were felony charges.

U.S. District Judge Robbie James will have the last word at Toney’s sentencing. It was scheduled for Nov. 5, but Judge James has granted a motion moving the court date to the week of November 12th. An exact dates has not been set.

The word on the streets is that a lot of letter writing to the U.S. Attorney might have contributed to the government relaxing its pursuit of the former sheriff. That could be a good idea for people who think Toney’s getting off lightly.

Ouachita District Attorney Jones and La. Atty General Caldwell AWOL on Royce Toney Case

08/02/2012

While the U. S. Attorney for the Western District of Louisiana continues to do yeoman’s work on the Royce Toney one-man Ouachita parish crime wave, it appears that the Fourth Judicial (Morehouse, Ouachita parishes) District Attorney Jerry Jones and Louisiana Attorney General James “Buddy” Caldwell are nowhere to be found. This, despite serious allegations of violations of state law in the case, and a guilty plea by Toney late today.

Last week, the feds filed a “superceding indictment” against Toney alleging mail fraud, in addition to earlier charges to which Toney plead guilty. See here the document:

Second Superceding Indictment

The underlying alleged crimes to the mail fraud charges involve Louisiana state laws, specifically:

Campaign Finance Disclosure Act – LA RS 18:1841
Personal Financial Disclosure Act – LA RS 42:1124.2

It is long past time that Louisiana citizens have to depend upon the feds to clean up the political corruption that should be prosecuted by local and state law enforcement.

Royce Toney Superceding Indictment

08/01/2012

Mail fraud added to charges.

Second Superceding Indictment

Ouachita Sheriff Wants More Taxes

06/01/2012

Incoming Ouachita Parish Sheriff Jay Russell wants to start his term with a kicker – more taxes.

A public notice on the OPSO website and in the official journal says:

Notice is hereby given pursuant to Article 7, Section 23(C) of the Constitution and R.S. 47:1705(b) that a public hearing of the Ouachita Parish Law Enforcement District will be held at the regular meeting place, Ouachita Parish Courthouse Annex, 400 St. John Street, Suite 109, Monroe, LA 71201 on Monday, July 9, 2012 at 8:15 a.m. to consider levying additional or increased millage rates without further voter approval or adopting the adjusted millage rates after reassessment and rolling forward to rates not to exceed the prior year’s maximum. The estimated amount of tax revenues to be collected in the next year from the increased millage is $11,138,404.50, and the amount of increase in taxes attributable to the millage increase is $55,185.15.

Russell takes office July 1.

How Texas District Attorneys Operate

05/16/2012

See how it is done in the Shelby County, TX town of Tenaha.

Texas DA reportedly offered leniency for cash

CENTER, Texas – The district attorney in a Texas county with a well-known drug-trafficking route repeatedly allowed suspected drug runners and money launderers to receive light sentences – or escape criminal charges altogether – if they forfeited their cash to prosecutors.

As a result, authorities collected more than $800,000 in less than a year using a practice that essentially let suspects buy their way out of allegations that, if proven, would probably have resulted in prison sentences.

“They were looking out for the treasury of their county instead of doing the job of protecting society,” said R. Christopher Goldsmith, a Houston attorney who represented one of the defendants.

The system engineered by Shelby County District Attorney Lynda Kaye Russell is now one focus of a federal criminal investigation that is also reviewing whether Russell and other law enforcement officials targeted black motorists for traffic stops.

Affidavit: Texas constable admits ordering bugging

DALLAS (AP) — A small-town Texas constable told the FBI he secretly bugged other officials’ offices after they were accused of illegally forcing motorists to forfeit their cash, according to a search warrant affidavit.

The affidavit, based on interviews conducted by FBI agents and Texas Rangers, quotes Shelby County Constable Fred Walker as saying he authorized the installation of hidden surveillance cameras and digital recorders even though he didn’t have legal authority. It also includes a statement from a witness who claims Walker helped organize a scheme to sell drugs seized from suspects.

It’s just another chapter in a longtime drama in Tenaha, a town of 1,160 near the Louisiana border, where nearly $800,000 in cash seized from motorists stopped for traffic violations along U.S. Highway 59 has led to lawsuits and a federal criminal investigation of the county’s former district attorney and other officials.

Kids were pawns in alleged Texas highway shakedown scheme

DALLAS – Authorities in a Texas town under investigation for allegedly shaking down motorists for their cash sometimes used the travelers’ children as bargaining chips in their attempt to seize money, records show.

Documents reviewed by The Associated Press describe the extent to which children became pawns as authorities in Tenaha, a town near the Louisiana border, accumulated hundreds of thousands of dollars through highway traffic stops that have since sparked a federal investigation.

“They basically said, ‘If you all want to leave without going to jail tonight and take your kids with you, then you’ll sign over your money right now,’” Jennifer Boatright, a Houston mother of two, said in an interview describing her encounter with local officials.

The Justice Department has been investigating authorities in Tenaha and Shelby County since they were named in a 2008 class action lawsuit alleging that a drug interdiction program initiated by the town of 1,160 was in fact a scheme to seize cash. The suit asserted that innocent motorists, most of them black or ethnic minorities, were stopped on U.S. Highway 59 and threatened with money laundering charges if they didn’t agree to forfeit their cash.

Nacogdoches attorney responds to class action certification on Tenaha lawsuit

NACOGDOCHES, TX (KTRE) -United States District Judge T. John Ward filed his decision on Monday to certify a lawsuit alleging an illegal interdiction program by various Tenaha and Shelby County officials as class action. It wasn’t long afterwards that plaintiff’s attorney Tim Garrigan got requests for interviews.

Texas Lawyer reporters, local media and even national news outlets, including CNN and the Wall Street Journal, have been following the case over the years. The decision is significant in the legal efforts to stop illegal search and seizures and questionable ‘interdiction’ programs.

In the 58 page class action certification decision Garrigan said the circumstances are what stood out.

“It (the ruling) pretty strongly suggested that their (officials) interest was taking the money,” said Garrigan.

A former constable testified as many as 1,000 people were stopped for traffic violations to look for narcotics trafficking. Most were minorities.

The only trouble is, “the police would say that their dog alerted on drugs and that they could smell marijuana, but they never found it,” said Garrigan.

Nevertheless, when money was found it was often kept by officials. In exchange, the driver was free to go.

“There was never any real intention to prosecute anybody criminally,” claims Garrigan.

Court documents show thousands of dollars were kept by the City of Tenaha and Shelby County District Attorney Lynda K. Russell. It’s even alleged that Russell spent the money for personal items and causes.

Jim Beam on Sheriff’s Pay

04/05/2012

The Sheriffs’ Gravy Train Is Getting Back On Track At The Legislature

Louisiana sheriffs have come up with a clever plan that will ensure they get pay increases automatically on a fairly regular basis. The state Senate has already bought into the idea with a lopsided 36-1 vote. The House is the next stop for Senate Bill 97 that outlines the grand scheme.

Sen. J.P. Morrell, D-New Orleans, is the author of SB 97. You can’t help but love the creativity that went into the unique concept designed to give sheriffs pay raises when, “The Legislature has established a salary increase for, and appropriated funds for, salary increases for district court judges as provided by law.” Those words in quotes are taken directly from the last part of the Morrell bill.

State judges have been more successful over the years than any other group of public officials when it comes to their salaries. They have received 10 annual pay increases over the last 16 years. House Bill 483 by Rep. Jeff Arnold, D-New Orleans, in the current session would grant judges annual pay increases on July 1 this year and again on July 1, 2013.

The grand plan calls for establishment of new sheriffs’ management and continuing education programs. Beginning Jan. 1, 2013, each person elected sheriff would have to complete the management program within a year after taking office, and each sheriff would have to complete 12 hours of continuing education within each 12-month period.

Sheriffs who do those things would then be eligible to receive salary increases anytime district court judges are given pay raises.

Jim Beam, the retired editor of the Lake Charles American Press, has covered people and politics for more than five decades.

Judges, Sheriffs, Assessor Pay Raise Bills in Lege

03/21/2012

The pay raise bills for Louisiana’s Tax Assessors, Judges, and Sheriffs have begun their journey through the legislative session.

The Pay Raise Session
By Jeremy Alford

Gov. Bobby Jindal and the Louisiana Legislature are focusing on education during this year’s regular session. Partly, it’s so that our children can grow up and be schooled real good like and see increases in their take-home pay.

But by the time the final gavel comes crushing down in early June, we may just learn that the session had a dual purpose: to pad the public salaries of officials far and wide so that their take-home pay increases now. Talk about getting schooled.

If tinfoil hats were more comfortable to wear, one might think it’s a grand conspiracy. The topic is definitely flying under the radar, given the treacherous education debate last week, the dire shape of the public retirement system and yet another budget shortfall following yet another midyear deficit.

It’s not a smokescreen, though. Teachers, a wide range of state government employees, parish assessors, judges from all benches and sheriffs from around the state are all in line to receive salary increases by a vote of the Legislature in the coming weeks.

Public sentiment could turn the tide, as it has in the past. But the timing is perfect — re-election is four years away, practically an eternity in politics — for lawmakers to give up ground. That’s chiefly why the following proposals are even on the table right now.

The administration is orchestrating the first two. While the unions hate Jindal’s education plan, it does include opportunities for teachers to make more money. Also, for the first time in two years, the administration is permitting agencies to dole out pay raises if they can find the money in their existing budgets.

As for sheriffs, a pair of New Orleans Democrats is pushing a plan that links greater accountability with more money. Rep. Jeff Arnold has House Bill 408, which creates the “Louisiana Sheriffs’ Executive Management Institute” within the office of the governor.

In the meantime, there is House Bill 319 by Rep. Jack Montoucet, D-Crowley. It would increase the annual salary of the Lafayette Parish assessor (currently Conrad T. Comeaux) from $98,290 to $108,290.

In the Upper Chamber, Judiciary Chairman J.P. Morrell has the duplicate in Senate Bill 97. Both bills stipulate that, as long as sheriffs complete the required training, they would be eligible for a salary increase. In an interesting twist, the increases would be contingent upon whether district court judges also get a salary boost this session.

Arnold, chairman of the House Judiciary Committee, has that turn covered, too. He has filed House Bill 483 to create judicial raises ranging between 1 percent and 4 percent. Their pay already stands at $136,544 for district court, $142,447 for appeals court and $149,572 annually for state Supreme Court judges.

The proposal is based on the findings of a special state commission, and judges are already lobbying lawmakers individually and in groups.

Finally, there are our parish assessors. Public notices published earlier this year suggested that legislation would be filed to “authorize increases in compensation to tax assessors based on increases in the Consumer Price Index.”

That exact mechanism hasn’t been introduced, but lawmakers still have two more weeks to file legislation. In the meantime, there is House Bill 319 by Rep. Jack Montoucet, D-Crowley. It would increase the annual salary of the Lafayette Parish assessor (currently Conrad T. Comeaux) from $98,290 to $108,290.

It’s really not a question of whether these public officials deserve the money. Surely they work hard. It’s more a question of priorities and reality. Does this state have serious financial problems or not?

Sooner or later, state government should consider a special salary supplement for the people of Louisiana. Because sorting through this nonsense makes for heavy lifting — and no one should have to do it for free.

Jeremy Alford can be reached at jeremy@jeremyalford.com .

Monroe Free Press: Woman Scorned Caused Royce Toney Trainwreck

02/26/2012

Zippergate cover up lands sheriff in jail

Toney charged with 21 counts in sex cover up case that reads like a Life Time Movie Script

The sheriff is accused of having an affair with a prominent attorney’s wife, then hiring her as an organizer in his office with a salary that exceeded $80,000 a year. She did the job well, but was often seen riding in close company with the sheriff,raising eyebrows.

When the sheriff reportedly struck up another affair with another woman it generated a jealous response in the office that caused the sheriff to fire his high priced organizer.

Jilted, the organizer reportedly threatened to tell all she knew, including damaging information that could desparage the sheriff in the eyes of the public and draw the interest of the law.

A meticulous note keeper, Toney reportedly believed if there was any information as claimed it would be on her computer.

Prosecutors believe it is this information that the sheriff sought; looking first on her public computer then reportedly tapping into her private emails with Davis’ help.


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