Inmate Shumate

The picture is of former Potter County Sheriff Michael Shumate at his current residence -- jail.

Potter County Sheriff Takes Punishment Deal

Last week, the Potter County (ex)Sheriff was found guilty of a felony charge of bribery here in Amarillo. The all-female jury believed he had accepted bribes from a company trying to get the contract to operate the county jail commissary. Yesterday, he was scheduled to go before the same jury for the punishment phase of the trial.

The ex-sheriff could have received as much as life in prison, but he decided he didn't want to take the chance. The prosecution offered him a deal on punishment and he took the deal.

Shumate will serve 6 months in the Armstrong County Jail, and then he will be on probation for 8 years. It would have been a bit awkward to have Shumate in the Potter County Detention Center (county jail), since he was in charge of that facility only last week, so Potter County officials asked Armstrong County if they would take him.

County Commissioners are scheduled to meet Friday to discuss filling the vacant sheriff's position for the next six months. A new sheriff will be elected in November (either Democrat Robert Taylor or Republican Brian Thomas), but they need someone to fill in until the new sheriff can take office.

Potter County Sheriff Convicted

About 4:30pm on Thursday, the jury in the trial of Potter County Sheriff Mike Shumate retired to consider their verdict. Seven hours later, they returned with a guilty verdict. They convicted him of receiving bribes from a company that wanted the commissary contract for the Potter County Detention Center (County Jail). The jury acquitted him of two charges of violating campaign law. Evidently, they didn't think he used any of the bribery money for his political campaigns.

After the verdict was read, the judge stripped Shumate of his badge and revoked his bond. Shumate will stay in the Potter County Detention Center until his punishment is decided. The court will convene again Tuesday morning for the punishment phase of the trial, where he could receive anything from probation to 99 years in prison.

Shumate surprised everyone by taking the stand in his own defense. He testified that he had not taken any bribes, and the charges came from the imagination of his "vindictive" ex-wife. In fact, during his summation Shumate's attorney called Shumate's ex-wife "the meanest woman in Amarillo", and said everyone was afraid of her, including Shumate.

It does seem a bit strange that the defense team agreed to an all-female jury, and then went with the "vindictive ex-wife defense". But smart defense or not, Shumate is now a convicted felon.

Potter County Sheriff On Trial

While I was at the State Democratic Convention last week, the trial of Potter County Sheriff Michael Shumate started. The sheriff is accused of taking bribes to award the commissary contract to a particular company. He allegedly received laptop computers, meals, trips, cash and other gifts from the company.

The sheriff is also accused of failing to report campaign donations -- many of them from the same company to whom he awarded the commissary contract. This is also a serious charge, since the money is not subject to campaign laws if not reported. It can be used then for any purpose, including dumping the money into his own personal bank account.

The State Attorney General's Office is acting as prosecutor for the trial. That's at request of the Potter County District Attorney. Since the District Attorney must work closely with the Sheriff's Department, he thought there might be the perception that he couldn't be impartial. That was probably a wise decision.

In an interesting sidelight to the trial, the sides agreed to an all-female jury. The alternate juror chosen is also female. County officials believe this is the first time an all-female jury is sitting in an important felony trial in Potter County.

The trial is expected to last most of this month.

In spite of the felony charge, Shumate ran for re-election this year. Fortunately, he was defeated in the Republican primary by Brian Thomas. Thomas will be opposed in November by Democrat Robert Taylor. At this time, it's looking like that's shaping up to be one of the tighter races in the Panhandle.

Sheriff's Trial May Be Moved

Potter County Sheriff Mike Shumate (pictured above) is scheduled to go on trial in June. He has been charged with accepting bribes from a vendor to keep the contract for the jail commissary. The vendor, who has also been charged, gave the sheriff cash, a computer, trips, and other gifts. The sheriff is also charged with violating campaign finance laws.

Now it looks like the trial may not take place in Potter County. The trial is being prosecuted by the Texas Attorney General's Office. Last Monday, the AG's office filed a motion for a change of venue. They want to hold the trial in a different county.

David Glickler, the prosecutor from the AG's office, wrote in the motion "The state believes that there exists combinations or influences in favor of the accused, Michael C. Shumate." After seeing the outcome of a recent trial involving the sheriff's office, I would agree with the prosecutor.

The chief deputy in the sheriff's office had been accused of using inmates of the county jail as his own personal "slave labor" to do work on his private property. This was clearly against the law, but a Potter County jury turned him loose. It was basically an act of jury nullification. They didn't think the crime was all that bad.

The AG's office had prosecuted that case also, so it's easy to see why they would be leery of a Potter County jury in a second trial involving the sheriff's office.

I hope the judge grants thheir request. Moving the trial to a different county would assure a fair trial for both sides.

Indicted Sheriff Loses In Potter County

This was the one Potter County race in the Republican primary that I was interested in. The current sheriff of Potter County has been indicted on a felony charge of taking bribes from the vendor who runs the jail commissary. He was accused of receiving cash, trips, meals, computers and other gifts.

Even though there seems to be plenty of evidence against him, Sheriff Shumate (pictured above) has proclaimed his innocence. With the trial scheduled for June of this year, he again tossed his name in the ring to be re-elected as sheriff. Since there have been no public polls in this race, it was anyone's guess what the voters of Potter County would do.

With 96% of the vote in as I write this, it looks like the good people of Potter County think it is time for a new sheriff to take over.Here's how the vote currently stacks up:

Brian Thomas......3,037 (37%)

Clay Duke..........2,022 (24%)

Ken Farren.........1,324 (16%)

Mike Shumate........986 (12%)

Frank Frausto........935 (11%)

It looks like about 88% of the Potter County voters have decided they need a new sheriff. As a Democrat, I did not vote in this race. However, I wish to thank the Potter County Republicans who did vote. Regardless of whether they choose Thomas or Duke in the run-off, Potter County will be better off.

Trial Date Set For Potter County Sheriff

As some of you may know, Amarillo has its own elected official scandal that is currently being played out at this time. After an FBI investigation, Potter County Sheriff Mike Shumate was charged with accepting bribes from a company that services the jail's commissary. He accepted gifts, trips and cash.

Shumate was also charged with not reporting all his campaign donations. The sheriff is currently free on bond and awaiting trial. Amazingly, he has refused to step down until the trial is over, and is still acting as sheriff.

The Texas Attorney General's Office will be handling the prosecution. Last Friday, the attorney's met and set a trial date. The trial is now scheduled to begin on June 2nd, and is expected to last at least a couple of weeks.

The sheriff says he expects to be exonerated, and is running for re-election. Since the trial will not be until June, it should be interesting to see how the March primary turns out. Shumate has four opponents in the Republican primary (which he is running in).

If he survives the Republican primary, he will have a Democratic opponent in the Fall.

Indicted Sheriff Keeps His Job In Potter County

On Wednesday, a Potter County Grand Jury indicted Potter County Sheriff Shumate on three felony charges. He was charged with bribery and two counts of failing to report campaign donations. Shumate had taken cash and gifts from Mid-America Services in exchange for helping them get the jail commissary contract.

On Thursday, it was revealed that the Sheriff will keep his job. The Potter County Attorney's Office said they will not be seeking his removal or resignation any time soon. County Attorney Scott Brumley said, "At this stage, I think a removal suit would do little more than get in the way of the criminal proceedings."

District Attorney Randall Sims agreed saying, "Sheriff Shumate is still Sheriff Shumate". Sims doesn't think the Sheriff can be removed unless he is convicted.

Somehow this just doesn't seem right. How can a man charged with three felonies be left in charge of a jail housing hundreds of others charged with felonies and misdemeanors? Oddly enough, the man running the county jail has been charged with more serious crimes than many of those incarcerated in that jail.

If the Sheriff cannot be removed and will not resign, then maybe it is time for county commissioners to examine the issue of his TCLEOSE certification. This law enforcement certification is required of anyone who holds the office of sheriff. Can a person charged with three felonies retain a valid certification?

At the very least, the sheriff should be suspended from his duties until these charges have been adjudicated.

Potter County Sheriff Indicted On Felony Charges

Last June, I did a couple of post about Potter County Sheriff Michael Shumate being investigated by the FBI. They are here and here. At the time, the Sheriff dismissed the allegations, saying it was just untrue accusations made by his wife because of their rather messy divorce. It looks like a Potter County Grand Jury didn't buy that excuse.

Yesterday, the Grand Jury indictments were made public. They have indicted the Potter County Sheriff on three felony charges -- one 1st degree felony charge of bribery and two 3rd degree felony charges of failing to report campaign donations of $750 and $500.

Robert Austin and his company, Mid-America Services were also indicted on charges of bribery. It seems that Mid-America got the lucrative jail commissary contract by bribing the sheriff. They gave him cash and checks (some of which were the unreported campaign donations), laptop computers, trips, clothing, meals and other items.

The Grand Jury also indicted former Chief Deputy Kenneth Ferren on unrelated charges. He was charged to two class B misdemeanor charges of misusing county employee and inmate labor for his own personal gain. Ferren had resigned last June, when it was learned the sheriff was being investigated, and announced his intention to run for sheriff himself. It doesn't look like that will happen now.

Both Shumate and Ferren turned themselves in to FBI agents yesterday. Channel 7 News in Amarillo reported they had posted bonds and were released.

These indictments are probably a good thing. Maybe now the voters of Potter County can elect an honest outsider who will come in and clean up the mess Shumate leaves. The Potter County Detention Center (Jail) recently failed its state inspection. The jail was cited for overpopulation, inadequate training of employees and failure to properly keep up on jail maintenance.

Maybe a new sheriff can straighten things out at the jail, and bring it up to the level of excellence shown by the neighboring Randall County Jail. There is no reason why Potter County can't have just as well-run a facility as its southern neighbor.

Potter County Sheriff Blames Ex-Wife For Troubles

Potter County Sheriff Michael Shumate has broken his silence about the FBI investigation into his actions. But I'm not sure he's thrown any more light on the matter. According to the sheriff, his problems are all due to his ex-wife.

Shumate says he and his wife had a bitter divorce, and she promised to make trouble for him. He said she accused him of taking bribes and kickbacks from vendors who service the jail commissary (this is the first we've heard of what the charges might be).

That sounds a bit simplistic though. The FBI doesn't usually takes sides in divorce matters, or waste months investigating a public official when the only evidence is the word of an ex-wife. This investigation has gone on for months, and now the FBI has brought U.S. Attorneys into the matter. That sounds pretty serious.

Evidently Shumate's chief deputy thought it was serious also -- serious enough that he said he could not ethically continue as Shumate's employee. I don't think we've heard the last of this.