The date for one of the county's most anticipated trials in quite some time will likely be set Tuesday or details of a plea bargain will be released when John Winchester Matthews appears in the 18th District Court for his fourth and final pre-trial hearing.
The former Johnson County Precinct 2 Commissioner, representing Burleson, Godley, Joshua and other outlying northern areas, is charged with nine felony counts of wrongdoing. He was indicted Dec. 15 by a grand jury on counts of abuse of position, falsifying records and theft. He faces six counts of tampering with a government record, two counts of abuse of official capacity and one count of theft of $1,500-$20,000 by a public servant. Matthews, represented by Fort Worth attorney Tim
John Matthews (FILE PHOTO)
The fourth pre-trial hearing is a status conference, when Matthews' attorney would accept a plea from the district attorney's office or have a trial date set, Neill's office said. That date would not likely be prior to sometime in July, according to a calendar held by Neill's office.
Matthews resigned from his position as Precinct 2 commissioner June 27, 2011, amid allegations from county auditor J.R. “Kirk” Kirkpatrick
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The indictments represent support from grand jurors that enough evidence exists for charges to be filed.
The audit that sparked the investigation resulted in a charge of theft between $1,500-$20,000 by a public servant, a state felony carrying a minimum penalty of 180 days confinement and up to a $10,000 fine. The court could pursue the higher third-degree felony based on state statute.
The Alvarado Star's investigation into the charges included 72 receipts from the auditor's office that had been reviewed, some found to be questionable and some not. The questionable purchases ranged from soap and paper products, pool supplies and tools allegedly not applicable to princict operations to such purchases as a Boston fern, bottled water, Febreze, folding chairs, leaf rakes, stain remover, water hoses, Christmas lights, bamboo shades, a flag kit, Ryobi tools and an umbrella. There were various quantities of 72 products purchased which were included on those receipts, but it wasn't clear Matthews made the purchases.
The Alvarado Star also reviewed audits of the other three precinct operations, which were returned with a clear result. In addition, the Burleson Star investigated construction of Cheyenne Lane and Frazier Lane in Precinct 2, reviewed payments made and received by persons and businesses in the indictments and reviewed comparable road product purchases with other precincts.
In the second count, Matthews allegedly abused his office by purchasing MC-30 offspec products from Gulf Energy Company while receiving cash and check payments from Tom Arthur, an agent of the company, and paid the company more than $100,000 and less than $200,000 in county funds. The charge is a second-degree felony carrying a minimum penalty of two years confinement and up to a $10,000 fine.
He's also charged in the third count of abusing his office by purchasing products from Gulf Energy Company, while receiving cash and check payments from Arthur, in the amount of more than $200,000. The charge is a first-degree felony carrying a minimum penalty of five years confinement and up to a $10,000 fine.
Arthur's and Matthews' relationship may have begun on the football team at Texas A&M, according to internet records researched by the Alvarado Star that place them on teams in the early 1980s.
In the fourth count, Matthews allegedly made a false financial statement on or about April 30, 2010, defrauding elected County Clerk Becky Williams. He allegedly failed to disclose additional income earned from Mark Shipman and/or Confab Construction. The charge for tampering with a government record is a third-degree felony carrying a minimum penalty of two years confinement and up to a $10,000 fine.
Matthews' association with Arthur also led to the fifth count. He allegedly made a false financial statement on or about May 2, 2011, defrauding Williams. He failed to disclose additional income earned from Arthur. The charge is a third-degree felony.
His association with Shipman and/or Confab Construction allegedly led to a false financial statement on or about March 20, 2009, defrauding Williams, the sixth charge. He failed to disclose earnings, a third-degree felony charge.
Matthews allegedly made a false financial statement on or about May 2, 2011, defrauding Williams, in which he failed to disclose additional income earned from Cody Jones and/or Rig Structures LLC. The seventh charge is a third-degree felony.
The eighth charge is for an alleged false financial statement filed on or about April 30, 2010, defrauding Williams. He failed to disclose additional income earned from John Hardee and/or Hardee Landry Inc., a third-degree felony.
The final charge stems from an alleged false financial statement on or about April 30, 2010, defrauding Williams. Matthews failed to disclose additional income earned from Jeff Cannon and/or Waste Facilities Inc. The charge is a third-degree felony.
If he were to be convicted of all nine counts, he could face fines of $90,000 and 19-1/2 to 181 years confinement. The least punishable of the offenses is the receipts which sparked the six-month investigation into the commissioner's conduct since 2009 by Sheriff's Dep. Troy Fuller and Texas Ranger Jason Bobo.
Motions filed in March by Evans included a request to list the state's witnesses, agreements entered into with those witnesses and a motion to quash the indictments.
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