You’re going down in flames, you tax-fattened hyena! (#59 in a series)

Hempstead, Texas, is perhaps best described as a suburb of Houston. (Technically, it is in Waller Caunty, while Houston is Harris County. Apple Maps says it is roughly an hour’s drive from Houston to Hempstead.)

Hempstead isn’t a big city: just under 6,000 people. Mike the Musicologist, who tipped me off to this, tells me that Mayor Michael Wolfe has been in that post for 15 years.

Now, being mayor of any decent sized city is probably a full time job, and being mayor of a 6,000 person city probably doesn’t pay very well. This is significant for reasons I’ll get into shortly.

Back a few months ago, the Texas Rangers started looking into “financial irregularities” discovered “during an audit of the city budget”. They turned up something interesting. You see, folks in Hempstead had until the 20th of each month to pay their utility bills, or else they’d get cut off. One of the city employees was responsible for generating a list of folks who hadn’t paid up. But that employee would then take the list over to the mayor, who’d mark off certain accounts on the list as being exempt from utility cutoffs.

Among those names: the mayor. And his daughter. Apparently, they were over $20,000 behind in their utility payments. Mayor Wolfe’s personal account was over $10,000 behind.

Okay, so this is sleazy. The good citizens of Hempstead who were paying their bills had to absorb the delinquency of the mayor and his daughter. No question about it, this is bad behavior. But is it a crime?

Yes!

The Mayor of Hempstead has been arrested on a state jail felony charge of abuse of official capacity, the Waller County District Attorney’s Office says.

According to an affidavit, Shayne is believed to have “intentionally or knowingly misused government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment”.
The document cites Texas Penal Code 39.02(a), Abuse of Official Capacity.

Texas Penal Code 39.02(a), Abuse of Official Capacity, for your reference and because I don’t trust nested links.

I kind of like “Abuse of Official Capacity”. It has a ring to it, though it doesn’t quite stir the soul in the same way “barratry” or “misprision” does.

And, once again, someone throws away their life and becomes a convicted felon over a relatively small amount of money. Seriously, dude, pay the darn bill. (Yes, yes, presumption of innocence, but according to the report, he’s pretty much confessed to the crime already, and is using the ‘nobody would have known about it if it wasn’t for those meddling auditors” defense.)

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