2009-10-08
Release of info would ‘interfere with crime investigation'
By Judith Pannebaker
On May 7, 2008, the Bandera County Courier asked the question: “Where’s the BCSO rescue boat.” At that time, the answer was “at Sheriff Weldon Tucker’s residence on a private ranch in Tarpley.” Nearly a year and nearly five months later, on Friday, Sept. 25, Bandera County Sheriff’s Office Chief Deputy Don Berger hauled the newly tarted up 2002 model Sea Fox – along with its 75 horsepower Mercury Outboard motor and trailer – to the back of the courthouse, apparently to offer the Courier a gander at its new look. When asked how long the BCSO logo had been affixed to the now unmistakable “official” rescue craft, Berger glanced at his wristwatch and quipped, “Well, what time is it?” He added, “I’ve been driving around for a while trying to get it to dry.”
With or without the logo, the watercraft remains problematic for BCSO personnel. On June 12, the office of the Texas Attorney General Greg Abbott launched an investigation of misuse of Bandera County property by members of the Bandera County Sheriff’s Office. The investigation came in response to a request by 216th District Attorney Bruce Curry.
In a June 2 letter, Curry asked the AG’s office to initiate an enquiry, writing, “I believe the primary allegation involves the personal use of a boat which had previously been gifted to the sheriff’s office.” Curry added that the contention had been supported by evidence “gathered by a separate law enforcement agency.”
A $2 million civil litigation complaint filed by former BCSO Deputy Scott Sharp against the sheriff, Lt. Allen Tucker and Chief Deputy Don Berger, as well as against Bandera County, alleges that “the sheriff has kept the boat, motor and trailer at his house and made personal use of same since receiving it in 2007.” Furthermore, the complaint continues, “None of the foregoing incidents were investigated by the BCSO, nor was any other action taken. In fact, it seemed almost routine for Bandera County taxpayers to underwrite certain personal activities of BCSO officers.”
In a response to the complaint, Tucker admitted to keeping the county rescue boat, motor and trailer at his residence “for some of the time,” but denied using the boat recreationally.
In a June 29 Texas Open Records request to the Texas Parks and Wildlife Department, the Courier asked for videotapes, still photos or citations or warnings issued to members of the BCSO from April 10 to April 26 on Choke Canyon Lake by TPWD officers with regard to the Bandera County “rescue” boat, a 2002 Sea Fox watercraft #TX 1683 JY.
Apparently, TPW officers had spotted the boat last spring on a lake near Three Rivers, according to Game Warden Capt. David Murray. Apparently, the officers ran across the boat while patrolling Choke Canyon Lake.
In an interview with the Courier, Lt. Tucker had earlier confirmed the boat had never been used to assist other law enforcement officers in a water rescue.
Before releasing the documents and information requested by the Courier, TPW administrators asked for an opinion from the office of the Texas Attorney General (OAG).
In a reply dated Sept. 10, Pamela Wissemann, assistant attorney general, Open Records Division, rebuked TPW for not forwarding the request to the AG’s office within the requisite time period. She wrote, “A governmental body’s failure to comply with the procedural requirements results in the legal presumption that the requested information is public and must be released until the governmental body demonstrates a ‘compelling reason’ to withhold the information for disclosure.”
However, Wissemann noted that her department had received correspondence from another division of the OAG “asserting a law enforcement interest in the submitted information.”
Releasing the information requested by the Courier would “interfere with the detection, investigation or prosecution of a crime,” Wissemann noted. Therefore, she concluded that TPWD could legally withhold the requested information.
The denial is tantamount to admitting the existence of evidence that Tucker and-or other members of the BCSO had utilized county property recreationally.
When the donation of the controversial boat was brought before Bandera County Commissioners in June 2007, both Sheriff Tucker and Berger failed to inform the court that Albert Saenz, owner of AA Best Bail Bond, 1211 Pecan Street, in Bandera, had donated the watercraft to the county.
Apparently Saenz’s business practices are under investigation in Bexar County. However, Saenz has denied giving gifts, tickets and cash for bonds or special favors to Bexar County employees as “an edge over competitors” – or in exchange for having bonds referred to his company or for other favorable treatment.
Last November, San Antonio Express-News reporter John MacCormack wrote, “In smaller counties that don’t have bail bond boards, the sheriff has almost complete power over bail bondsmen, and earning his favor can be very good for business.”
After learning that Saenz had donated the boat, a clearly incensed Precinct 2 Commissioner Bobby Harris asked, “Do you think I would have voted to accept that boat if I’d have known it belonged to a bail bondsman?” According to Berger, the rescue boat was ostensibly to be used for “assists and lost boat searches” on Medina Lake in Precinct 2. However, as everyone acknowledges, it has never been used in that capacity.
Elected officials accepting gifts and donations can make for a potentially awkward situation. A full explanation of the ramifications can be found in Chapter 36 of the Texas Penal Code that deals with bribery and corrupt influences.
Adding insult to injury, the rescue boat remained apparently registered to Saenz for almost a year after becoming county property. During this time, it was kept alternately at the homes of Weldon and Allen Tucker in Tarpley.
The boat was finally registered to Bandera County on June 17, 2008 – almost a year after the county commissioners accepted the donation of the boat, motor and trailer.
