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Tuesday, November 12, 2013

City of Alexander "dismissed" from lawsuit, Police Chief Walters lone defendant

                The City of Alexander is no longer a party in a civil rights lawsuit filed by former Assistant Police Chief Brad L. Williams. Current Police Chief Horace Walters, however, is now the lone defendant.
                According to information provided by the legal website Justia.com, Federal Judge Kristine G. Baker signed an order November 8, 2013 granting that "claims against the City of Alexander are dismissed."
Police Chief Horace Walters
                The order further states, "claims of malicious prosecution, defamation, outrage, and abuse of process against Chief Walters will proceed to trial."
                Williams has requested a jury trial.
                The lawsuit stems from incidents involving a paycheck, two sets of police car lights and a contentious relationship between Walters, Williams and former Mayor Paul Mitchell.
                In 2011 Williams was leaving the Alexander police force for a job with the Federal government. According to court documents Walters claims Williams purposely attempted to steal an extra paycheck and stole a set of blue police car lights from a locked storage area.
                Williams submitted his resignation on September 27, 2011 to take the Federal job. Walters charged Williams with "theft of city property" in December.
                Mayor Paul Mitchell had the prosecuting attorney drop the case because he knew it was part of a personal vendetta being perpetrated by Chief Walters. But, because of the accusation Williams is no longer employed by the Federal government.
                Walters was hired in June, 2010 by then Mayor Shirley Johnson. The hiring came after the City lost a discrimination lawsuit involving the police department and several Hispanics. Then Police Chief Alan Spears resigned and Walters was hired to fill the vacancy.
                Williams is being represented by attorney Reggie Koch. Koch is the same attorney who represented the male Hispanics in the discrimination lawsuit.

TWO PAYCHECKS
                On September 3, 2010 Williams received his regular paycheck and then lost it. Mayor Johnson approved issuing him a new check, which he cashed on September 8, 2010. About one year later the original check was found in a friend's car.
                According to court documents Williams did not realize the found check was the one lost a year earlier. He cashed it on August 9, 2011. After office assistant Stacey Cyz discovered what had happened the city council decided to not press charges and allow Williams to repay the city for cashing the extra check, which he did.
                In the court documents Chief Walters claims cashing both checks was always Williams' intention. The only reason he repaid the city was, "because he was caught."
                Paul Mitchell defeated Johnson in the November, 2010 election and was sworn-in January 1, 2011. Mitchell fired Chief Walters on July 10, 2011. In a seven to one vote the city council vetoed the mayor and reinstated Walters. According to court documents Williams supported Mitchell's actions, putting him at political odds with Chief Walters.

TWO SETS OF BLUE LIGHTS
                In the early summer of 2011 Williams borrowed a pair of blue lights from Tim Dudderar of the Saline County Sheriff's Department for a special assignment. Williams claims he discussed the plan with Chief Walters and received his approval.
                After that Walters claims he told City of Alexander Police Officer Jeff Watson, "to locate a set of blue lights and install them into," the department's Dodge Durango. Officer Watson took the blue lights from Williams, who told him they belonged to Dudderar, and installed them on the Durango, court documents indicate.
                Williams wrote Dudderar’s name on a piece of tape and put it on the lights. He then told Dudderar where he could retrieve the lights, which Dudderar eventually did. Williams contends Dudderar’s blue lights were the only blue lights ever in his possession, court documents state.
                In his deposition Chief Walters claims Williams was involved in the disappearance of a second set of blue lights that were a gift to Alexander from the City of Benton. In court documents Chief Walters describes these blue lights as round and without serial numbers. However, according to court documents the transfer papers provided by the City of Benton that accompanied the lights did include serial numbers.
                Walters claims a memo, allegedly written by Officer Watson, states Williams told him the two lights, "were at his residence on his personal vehicle."
                Watson denies writing the memo and claims not to remember the incident happening the way it's stated in the memo, though he admits he may have signed it. Watson also denies ever using round lights in police units.
                Chief Walters also claims he suspected Williams taking the lights because officers allegedly reported seeing Williams in the secured area where the blue lights were kept.
                Court documents include a comment made by Williams during Chief Walters' deposition. Since Walters has one of two keys to the "secured area" Walters was pressed on how Officer Watson purportedly entered the secured area to discover the blue lights were missing. Chief Walters admitted Cyz also had a key and would open the area for any officer who asked. Walters however, didn't interview Cyz to determine which officers had entered the area before the blue lights allegedly disappeared because he “did not see where she would have use for blue lights.”

ARREST WARRANT
                On September 27, 2011, Williams resigned to begin his new federal job. According to court documents Williams contends, though unknown to him at the time, Chief Walters had drafted a termination letter for him dated the day before, September 26, 2011.
                Nearly three months later, on December 20, 2011, Chief Walters swore out an affidavit charging Williams with "Theft of Property" in regards to the cashing of the extra paycheck. That's four months after the city council decided to not press charges and allow Williams to pay back the value of the extra paycheck. In the same warrant Chief Walters charged Williams with "Theft of Property" in regards to the police lights, which Walters claims were the lights donated by the City of Benton. 
                This is the same warrant Mitchell had the prosecuting attorney drop saying he knew it was part of a personal vendetta being perpetrated by Chief Walters against Williams.

12 comments:

  1. Maybe it is time for a termination letter with Walters name on it. What a mess up! Nothing new, it has been one screw-up after another since he was hired. Inefficiency, selfish egotistical childish behavior (in my opinion) has been the standard. It is time for a corrective measure to be taken. We cannot keep facing law suits; and they just keep mounting up, folks. We are a little town, mismanagement has become out middle name. Maybe this Council can help clean it up. It looks like the best council we have had in many, many months. We need people like these who act in the best interest in the city, are strong enough to make a stand on it and who reflect the honor and integrity of past councilmen like Paul Mitchell, Mike Huck and those of their ilk.

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  2. The city council seems to have found out what folks already knew, the CHIEF is busy, but not working for the city, only for his self!

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  3. It just seems to me if the majority of the people have no faith in his ability, and even more so, if the law agrees, shouldn't a reasonable person 'fix' it?

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  4. Well I guess you all could maybe be right. We could always get rid of the Chief and the Mayor's boyfriend could be in charge of the police department!!!! They both seem to be corrupt from what I'm hearing!!

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  5. BOYFRIEND OR NO - WHEN MY HOUSE IS DIRTY, I HAVE NO REST, SO I CLEAN HOUSE. ALL OF IT. DIRTY IS DIRTY AND WE ARE SEEING A LOT OF IT THESE DAYS. DIRTY SURPRISES BEHIND DOOR NUMBER 1; DOOR NUMBER TWO, AND DOOR NUMBER THREE. IT'S TIME TO CLEAN HOUSE.

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    1. I agree 100% with you Louella it's time to clean house!!! So if it's time to clean house I guess we should start at the top!! Now I wasn't there last night so I will find out later what was said, but I did see on Channel 7 were one of the Alexander firefighters were arrested. And the one who took the report was Assistant Chief Derrick Jackson, and in the report he did not list the type of harassment. Sounds to me like Chief Jackson wasn't doing his job, the same Chief Jackson that barges into a couples home, pushes the husband aside and goes to the bedroom and yells at the wife. I like Mayor Hobbs I thought she would do a great job, but from talking to city people she his so power hungry, as they say it, and her and Juanita want the Chief gone so the mayor can keep the power trip going. Hopefully one day we can get someone who is decent to run this city!!!!

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    2. Thanks for the heads-up on arrest.

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    3. You are welcomed. I just want to help with getting the truth out.

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    4. PB, I would hope by now you would know Juanita a little better than that. She doesn't 'play games.' I've never seen anything like her. She knows where to go to get answers, and doesn't let grass grow while she is at it. She isn't power happy, but certainly recognizes it when she sees it in others; HOWEVER you can count on Juanita being a team player, and you can count on her never compromising her principles.
      She will not hesitate to take a stand for the good; the right, but when something takes deeper action, she can bide her time like no one else I’ve ever seen, but I can promise you – she will complete what she starts. Finally, she is integrity with a capital ‘I.’ You may not agree with her, I don’t always, but I’m smart enough to listen to her spin, because it is always based on a good solid foundation. Agreeing or not, she has my deepest respect.

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  6. I actually talked to Juanita the other day Louella. She is very loud and jumps from subject to subject. Its almost like she's barking at you. I asked her about the council meeting and from my take it almost sounded like her and the mayor have become friends. That I thought was odd since she has missed meetings and walked out of meetings. She said she was proud of the mayor for stopping Chief Walters from talking and thanks that the mayor and her can get some things done. So there is your team player. She also said the city attorney had it in for some council people and she seemed angry that night. Juanita and the Mayor, that's a nightmare. I once believed in Mayor Hobbs ability to do good and run the city but I have lost hope. Between the attempt to order 7 police cars, the firetruck repo, and the resignation of the chief, this city is at its lowest.

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  7. I disagree with you pb. I was at the meeting, someone needed to stop the train wreck!!

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  8. PB you are judging on sight. A team player is a team player, not a selective team player. The team is the team, for each member you have an opinion, that is not only to be expected (being human) but is of value, each opinion will have some merit. A good team player will hear the whole team and build on the merit.
    One thing I forgot to mention about Juanita, she is very passionate about her job as Alderman. For MANY months, she was the only alderman we had. Now things are coming around, people are recognizing error and acting on it, and we are forming a good cohesive Council. They deserve our trust and patience while they work these things out.

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