Liberty County Commissioner McCarty’s conviction and removal from office raises the spector of Montgomery County’s “Goetz-gate” scandal: “This jury sent a message that they wanted change”

Image: Former Liberty County Precinct 1 County Commissioner Mike McCarty, removed from office on April 24, 2017, after a Liberty County jury convicted him of misuse of government property.

Liberty, April 25 – The conviction of Liberty County Commissioner, Precinct 1, Mike McCarty and his subsequent removal from office yesterday for misuse of government personnel and misuse of government property is strangely reminiscent of the facts surrounding Montgomery County’s own “Goetz-Gate” scandal involving then-County Commissioner Craig Doyal and his Operations Manager Charlie Riley. A Liberty County jury convicted McCarty and imposed a six month jail sentence, two years probation, and removed him from office for official misconduct. McCarty is appealing the conviction after the three-day trial.

Special Prosecutor William Lee Hon, who is the Polk County District Attorney from Livingston, told The Golden Hammer in an exclusive interview Monday night, “I was happy with the stand the Liberty County jury took. Liberty County has had issues. This jury sent a message that they wanted change.”

Special Prosecutor Hon: “Liberty County has had issues. This jury sent a message that they wanted change.”

According to the Court file in State of Texas versus Michael Charles McCarty, McCarty was indicted on June 23, 2015, on two counts of “Abuse of Official Capacity.”

McCarty’s two-count indictment follows and explains the abuse of government employees and property with which the State charged him:

“Count 1. AS A PUBLIC SERVANT, NAMELY Liberty County Commissioner for Precinct 1, AND WITH INTENT TO OBTAIN A BENEFIT FOR HIMSELF OR WITH INTENT TO HARM AND DEFRAUD Liberty County, DID THEN AND THERE INTENTIONALLY OR KNOWINGLY MISUSE GOVERNMENT PERSONNEL, BELONGING TO THE GOVERNMENT, NAMELY Liberty County Texas BY Directing Liberty County personnel to perform tasks related to and in furtherance of the Defendant’s private enterprise known as Triangle Petroleum Service, there by resulting in a personal benefit to Defendant, and/or Directing Liberty County personnel to perform tasks related to and in furtherance of the Defendant’s private farming/rancing enterprise, thereby resulting in a personal benefit to Defendant, and/or Directing Liberty County personnel to purchase supplies and transport said supplies to Defendant’s private enterprise known as Triangle Petroleum Service, thereby resulting in a personal benefit to Defendant, and/or Directing Liberty County personnel to perform administrative tasks related to or in furtherance of the Defendant’s private enterprise known as Triangle Petroleum Service, thereby resulting in a personal benefit to Defendant, and/or Directing Liberty County personnel to perform repairs on non-governmental equipment … And the MISUSE OF GOVERNMENT PERSONNEL was conducted pursuant to one scheme or continuing course of conduct which began on or about the 1st day of January 2013 and continued until on or about the 1st of day of January 2015.”

“Count 2. AS A PUBLIC SERVANT … AND WITH INTENT TO OBTAIN A BENEFIT FOR HIMSELF OR WITH INTENT TO HARM AND DEFRAUD Liberty County, DID THEN AND THERE INTENTIONALLY OR KNOWINGLY MISUSE GOVERNMENT PROPERTY, BELONGING TO THE GOVERNMENT, NAMELY Liberty County Texas BY Directing Liberty County personnel to use a county-owned motor vehicle and/or a truck to perform tasks related to and in furtherance of the Defendant’s private enterprise known as Triangle Petroleum Service, thereby resulting in a personal benefit to Defendant, and/or Directing Liberty County personnel to use a county-owned motor vehicle and/or a truck to perform tasks related to and infurtherance of the Defendant’s private farm/ranching enterprise, thereby resulting in a personal benefit to Defendant, and/or Directing Liberty Couty personnel to purchase supplies ans use a countypowned motor ehicle and/or a truck and tyrailer to transport said supplies to Defendant’s private enterprise known as Triangle Petroleum Service, thereby resulting in a personal benefit to Defendant, and/or Directing Liberty County personnel to use county-owned tools and/or equipment to perform repairs on non-government equipment … THAT HAD COME INTO DEFENDANT’S POSSESSION OR CUSTODY BY VIRTUE OF HIS OFFICE OR EMPLOYMENT, AND THE VALUE OF THE MISUSED THING WAS greater than $1,500 but less than $20,000. … against the peace and dignity of the State.”

Hon explained to The Golden Hammer that the Liberty County jury had a difficult time attempting to put a precise monetary value on the County government services which McCarty misused when he had County employees grade his private driveway, hauled hay for his farm using a County trailer, used County vehicles to haul equipment to his private birthday function, sent County employees out to his pasture to fee his cows, and utilized County employees to help run his private business interests. The jury convicted McCarty of two Class B misdemeanors but sentenced him to the maximum six months in jail. The conviction resulted in McCarty’s removal from office for both counts.

Reminiscent of Craig Doyal’s Goetz-Gate scandal

The McCarty facts are similar to those involving former Montgomery County Precinct 2 employee Melissa Goetz whom Precinct 2 Operations Manager terminated after he discovered that Goetz had taken home County computer equipment. Goetz wrote a letter to her boss, then-County Commissioner Craig Doyal for whom Riley also worked. The following facts come from Goetz’s letter as well as confidential interviews with three County employees who worked in Precinct 2 at the time of the events.

On March 14, 2012, Craig Doyal was the County Commissioner for Precinct 2 of Montgomery County. He wanted to be the County Judge and knew that then County Judge Alan B. Sadler was going to retire in 2014.