New Caney, March 13 – Precinct 4 County Commissioner Jim Clark announced that he has entered into an agreement with Special Prosecutor Christopher Downey, of Houston, to cooperate with the prosecution during the Texas Open Meetings Act (“TOMA”) trial of defendants County Judge Craig Doyal, Precinct 2 County Commissioner Charlie Riley, and political consultant Marc Davenport.
“Basically, the special prosecutor contacted my attorney Tay Bond [of Conroe] about two weeks ago to set a meeting. We met on Friday, March 3 for about two hours and it was a good meeting. The prosecutor told me that I came across in my earlier testimony as very truthful, as I had testified for over four-and-a-half hours to the Grand Jury. He said I talk too much, however,” Clark explained. “The prosecutor asked me if I would consider testifying and telling the truth. I told him I was planning to do that anyway.”
Under the arrangement, Clark will cooperate with the prosecution side against Doyal, Riley, and Davenport. Clark will receive a pretrial diversion, which means that he is admitting no guilt, his case will be dismissed by agreement, he will serve no probation, and his case might be eligible for expunction, so that he has no adverse criminal record. Clark explained that he could not discuss the merits of the TOMA trial under his agreement with Downey. Clark explained, “I’ve been offered immunity and non-prosecution.”
Clark’s attorney, Bond, added, “We feel they [the special prosecutor] offered Commissioner Clark this agreement in exchange for something he would have given freely in court anyway: the truth. It’s what he’s done thus far and will continue to do moving forward. It’s what his constituents would expect.”
In a press release, which Clark issued this evening, he also explained that he must also complete a course which the Texas Attorney General’s Office gives on TOMA, retain an attorney to advise him and staff of TOMA obligations, and obey all laws.
Clark said, “I gave true and honest testimony to the Grand Jury, and I believe the special prosecutors knew the truth when they heard it and were inspired to approach me through my attorney. The other conditions of the agreement are fair, and I look forward to fulfilling these terms also that we can move forward from this event.”
When asked how this turn of events would affect his career as Precinct 4 Commissioner, Clark said, “I want to make it official right now: I’m seeking re-election. Hopefully it means I can move forward and make great things happen for citizens of East Montgomery County. I want to go back to the business of taking care of the roads and bridges and the other problems of the people of East Montgomery County. The in-fighting, dirty politics, confusion, and diversions of our County Commissioners Court need to come to an end,” Clark said. “This prosecution has made it hard to concentrate on my goals.”
Clark is hosting a major fundraiser at Bull Sallas Park in East Montgomery County during the evening of March 23, 2017.