What's been going on in Brownwood/Bangs/Comanche ? Who are the faces of the "other cases" ?

Convicted constable to lose his peace officer license for life
By Celinda Emison / emisonc@reporternews.com
April 28, 2006

BROWNWOOD - Brown County Constable Donnie Barnum, convicted Wednesday of three offenses, will avoid a long jail term, but will lose his peace officer license for life under an agreement made with prosecutors.
Barnum, who has worked in various law enforcement jobs in Brown and Comanche counties, also has been officially removed from office, according to an agreement made prior to the sentencing phase of his trial on Thursday.
He served as Precinct 1 constable. Precinct 1 includes parts of Bangs and southern Brownwood.
On Wednesday, a jury found Barnum was found guilty of two counts of official oppression and one count of tampering with evidence.
Barnum, 43, was accused of unlawfully arresting and assaulting Gary Lee Joyner on Sept. 14, and then of concealing physical evidence pertaining to the incident.
Brown County Assistant District Attorney Perry Sims said Barnum received 10 years probation and a $5,000 fine for the charge of tampering with evidence, a third-degree felony. He could have received 10 years in prison and a $10,000 fine.
Barnum was ordered to serve one day in jail for each of the two misdemeanor official oppression charges and was fined $100 for each charge.
He could have been sentenced to a year in jail and fined $4,000 on each charge.
Barnum also was ordered to perform 240 hours of community service
''We believe the punishment is appropriate given that Barnum has never been convicted of a crime prior to this,'' Sims said.
As part of the agreement, Sims said, Barnum gave up any right to appeal the case.
In return, the state agreed not to prosecute three other cases against Barnum, including another for official oppression, aggravated assault and theft, Sims said.
Thirty-fifth District Judge Stephen Ellis filed the final order removing Barnum from office Thursday. That order also ended the temporary appointment of Bob Beadel, who has served since Dec. 22 when Barnum was temporarily removed from office.
County commissioners may either appoint someone to fill the vacancy until the general election in November, or leave the office vacant until the election.
source: http://www.reporternews.com/abil/nw_local/article/0,1874,ABIL_7959_4656983,00.html
-------------------------
Tearful Barnum draws probation

By Steve Nash — Brownwood Bulletin


A tearful Donnie Barnum, stripped permanently from the office of Precinct 1 constable and barred from ever working as a peace officer again, left the Brown County Courtroom Thursday morning facing a 10-year felony probation but spared from prosecution in four other potential criminal cases.

“Wrong, wrong, wrong, wrong,” a woman in a group of Barnum’s family and supporters said as the group left the courthouse. She would not give her name.

Barnum, wiping his eyes, ignored a request for comment as he walked by, surrounded by crying family members.

Barnum, 43, was sentenced as a result of an agreement reached by the prosecution and the defense before jurors were to begin hearing testimony in the punishment phase of Barnum’s trial.

The agreement bars the state from prosecuting Barnum on additional felony offenses related to retaliation, aggravated assault, theft and official oppression, 35th District Judge Stephen Ellis announced in court.

Because of the agreement, Barnum cannot file any appeals related to his conviction Wednesday on two counts of official oppression and one count of tampering with evidence, Ellis announced.

The same jury that convicted Barnum after a week-and-a-half trial was set to hear testimony in the trial’s punishment phase. Ellis earlier told jurors the sentencing phase might take two days.

“Lance Wyatt and I strongly disagree with the jury’s verdict, but the jury rendered a verdict that we must respect,” lead defense attorney Keith Woodley of Comanche said. Wyatt, of Arlington, was co-defense counsel.

“Mr. Barnum certainly denies these extraneous offenses” that were barred from future prosecution.

District Attorney Micheal Murray said, “The sentence was definitely appropriate. We spoke with several jurors after the sentence was completed, and in our discussion with them we think the sentence was right on point.”

Ellis, before approving the sentencing agreement and permanently dismissing the jury panel, asked Barnum if anyone had threatened him to get him to accept the agreement. Ellis typically asks that question to defendants after the state and defense have reached an agreement on a plea or sentencing.

“No one directly threatened me,” Barnum replied.

Ellis asked Barnum if anyone had indirectly threatened him. After hesitating for several seconds, Barnum replied “no.”

Ellis asked Barnum if it was his choice to go forward with the agreement. “I’ve got no choice,” Barnum replied.

Ellis assured Barnum that he did have a choice and verified that he wanted to go forward. “Given the circumstances, I will approve this agreement,” Ellis said. “ ... He’s going to be on felony probation with various conditions I will impose.

“ ... All matters the state has knowledge of will be resolved by this agreement.”

Speaking directly to Barnum, Ellis said, “You will be relinquishing your peace officer certificate. That’s something that would be a by-product of conviction anyway.

“ ... This court is mandated to formally remove you as constable of Precinct 1.”

Ellis said he will notify the Brown County Commissioners Court of his action.

Ellis then admonished Barnum to adhere to the conditions of his probation and warned him he could go to prison if he violates those conditions.

Barnum had not served as constable since Ellis suspended him without pay in December.

Gary Joyner, who was involved in the Sept. 14, 2005 altercation with Barnum that led to Barnum’s trial, declined to comment Thursday.

Precinct 1 commission Steve Adams, who authored a letter published in the Bulletin in support of Barnum and was in the courtroom for the sentencing, also declined to comment.

Murray said the state would have asked jurors to consider assessing “the full range of punishment” for Barnum. The most serious charge Barnum faced — tampering with evidence, a third degree felony — could have resulted in a prison sentence of up to 10 years.

Murray said the 10-year-probation will “make him conform his conduct to the law” and the $5,000 fine “is a significant penal sum for somebody to have to answer to.”

Another consequence, Murray said, is that Barnum will never be a peace officer again and is not permitted to own a gun under conditions of his probation.

Murray said he and Assistant District Attorney Perry Sims would have presented jurors in the punishment phase with evidence of the four offenses the state is now barred from prosecuting.

Murray said it is disappointing to have to prosecute a peace officer but “at the same time you have an obligation to the public to ensure that justice is served in all respects,” Murray said.

“I don’t know if it sets any type of precedent in the county but it should certainly serve as a reminder to all of us who are public servants, whether it be as district attorney or a peace officer, that even we have to live to the full extent of the law. Nobody’s above the law.

“ ... We think the state’s evidence showed a pattern of misconduct on the part of Mr. Barnum in using his badge to take out personal grudges against citizens, and to that extent we were certainly saddened by what the evidence told us.”

Murray and Sims discounted the defense’s suggestion during the trial that Barnum was the victim of a conspiracy among other law enforcement officials and agencies.

“There was no conspiracy,” Sims said. “The only thing that anyone did wrong here is that Donnie Barnum abused his color of office and as a result victimized Gary Joyner.”

Murray said the defense’s conspiracy theory “might as well have started off as ‘once upon a time,’ as most fairy tales do. It was ludicrous. There was no evidence that supported that and the jury saw right through that.”
source: http://www.brownwoodbulletin.com/articles/2006/04/28/news/news01.txt