2009-10-01

County responds to $2 million lawsuit against BCSO

By Judith Pannebaker

Attorney Vanessa A. Gonzalez of Allison, Bass & Assoc., LLP, has responded to complaints filed in a multi-million dollar civil lawsuit filed in federal court against Bandera County and members of the sheriff’s department.

Hired by the Texas Association of Counties, the Austin law firm is defending the county against claims filed by Boerne attorney Grace Bellomy on behalf of her client, former Bandera County Sheriff’s Office Deputy Scott Sharp.

According to a response dated Sept. 14, Sheriff Weldon Tucker, Chief Deputy Don Berger and Lt. Allen Tucker, as well as Bandera County, deny allegations contained in Sharp’s original complaint “except those expressly admitted herein.”

As it stands, the trio admits to the validity of some of Sharp’s more disturbing allegations.

For one, the Tuckers and Berger admit that while Sheriff Weldon Tucker’s son was incarcerated in the Bandera County Jail, he was transported from the jail, attended a BCSO weapons qualification course and was allowed to fire a shotgun. However, the trio denies authorizing the action.

They also admit that a beaker seized while taking down a methamphetamine lab ended up on a deputy’s desk. However, the three contend the beaker did not contain toxic materials, was not marked as evidence and was set for destruction. They fail, however, to explain the beaker’s presence on an officer’s desk as an ersatz fishbowl.

In his complaint, Sharp claims Berger asked on-duty law enforcement officers to transport furniture to his residence in Medina County. Berger apparently acknowledges the validity of this allegation.

Additionally, while admitting that a boat, motor and trailer donated to the county were kept at the sheriff’s residence “for a time,” the three deny Sheriff Tucker used the items personally.

On Dec. 22, 2008, Tucker apparently requested that Sharp sign an after-the-fact complaint about an incident that had occurred on Dec. 11. Regarding the request, the sheriff admits to reprimanding Sharp verbally although aware this violated Texas Government Code, which requires all complaints against a peace officer be in writing and signed by the complainant.

Although admitting to terminating Sharp on May 20 for having breakfast at home, Tucker denies telling him, “You went 10-8 (on duty) at 6 am, and you’re still at home sucking up tax dollars.”

In his complaint, Sharp claimed the practice of having breakfast at home was not unusual and was, in fact, in keeping with the BCSO “family first” philosophy.

In the county’s response, Sheriff Tucker lists Sharp’s gross insubordination – in the form of directing “degrading profanity” toward him – as the reason for Sharp’s termination. According to Tucker, the firing occurred after the two men “exchanged words.”

Tucker also admits that he failed to respond to two written requests – one from Sharp and another from his attorney, Mark Kosanovich – requesting a grievance hearing regarding Sharp’s termination.

In 2005, a sizable fire broke out in the back of a BFI garbage truck due to the improper disposal of evidence from a meth lab bust. Sharp alleges after becoming aware of the fire, Sheriff Tucker, then a lieutenant, in the presence of Sharp “called the Bandera Chief of Police and asked him to abandon any investigation.” Sheriff Tucker admits only to placing a call to former BPD Chief Shane Meritt, now a deputy with BCSO.

All three defendants deny using weapons stored in the BCSO evidence locker for hunting.

They also “are without sufficient information” to form an opinion that 2,500 images of child pornography seized during an investigation of child molestation had disappeared from Sharp’s desk in the BCSO Criminal Investigation Division.

For his part, Sharp contends that he asked Lt. Allen Tucker to investigate the disappearance, but feels “no investigation was undertaken.”

Additionally, the Tuckers and Berger also deny that Sharp was terminated as retaliation for “blowing the whistle” on what he regarded as on-going criminal activity within the BCSO.

Sharp has filed a lawsuit asking for damages in excess of $2 million in the United States District Court for the Western District of Texas San Antonio Division. On behalf of her clients, the Tuckers, Berger and Bandera County, Gonzalez asked the federal judge to dismiss Sharp’s claims.