April 02, 2008 03:26 am
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By Leslie Gibson
Herald-Banner Staff
As of last Tuesday at noon, Ray Sumrow was removed as Rockwall County Criminal District Attorney, sentenced to four years in prison, and ordered to pay restitution and court costs, as sentenced by a Dallas judge for the jury’s conviction Monday on theft.
By Tuesday afternoon, he was out on $10,000 bond until the appeal is settled, that appeal having been filed immediately upon completion of the sentencing hearing.
Sumrow was found guilty of third degree felony theft. Restitution for the computer components, travel advances, and airline tickets for which he was found guilty of taking from the county, amounts to $9,652.76.
On three other charges, two of which were forgery, and one was tampering with a government document, the jury was hung; mistrials were declared.
Sumrow’s compensation from the state and county for his district attorney position are being discontinued, said Rockwall County Judge Chris Florance.
Another trial is slated for June 2, on a Rockwall County grand jury indictment of abuse of official capacity and theft, relating to $68,000 in state funds intended for Sumrow in his capacity as district attorney, being placed into his personal account. A Travis County grand jury also has indicted him for abuse of official capacity for the same event; a trial on that is up to that county’s district attorney.
Of those indictments, Wheeler said, “We may reach some agreement that’s acceptable to all parties.”
The state’s special prosecutor, Jim Skinner and John Schomburger, assistant district attorneys from Collin County, would not comment since the other cases are pending, but Schomburger did say of the conviction, “Obviously the jury did the right thing.”
The state had asked for prison time during the sentencing hearing, and the defense for probation.
Wheeler spoke in the hall of the George Allen Court Building shortly after his client had been escorted out of the sixth floor courtroom by about seven members of law enforcement. The group included main investigators who brought the case to the grand jury, David Goelden of the Rockwall County Sheriff’s Office, and FBI public corruption investigator Brent Chambers, both of whom had testified in the two and a half weeks of trial.
Sumrow had been under investigation since 2006. As Goelden’s several days of testimony neared an end, he had calmly replied “No” to Wheeler’s question, “You were on a witchhunt weren’t you?”
“You knew there were tensions between the Sheriff’s Office and the DA’s Office?,” Wheeler asked.
“I didn’t really have any problems,” Goelden said.
Goelden explained that information about the $68,000 being put into Sumrow’s personal account, came to him prior to the prosecution of Rockwall County Treasurer Sheree Jones. It was when she made statements about her own theft, that she gave the information.
She repaid money to the county, and it is reported that Sumrow has paid the $68,000 back. This timing showed the investigation was not a “vendetta,” Goelden said.
Senior Judge John Nelms, retired from the bench, but called in for the trial, referred to the cross-examination in his comments during the sentencing hearing.
The two forgery charges on which the jury could not reach a unanimous verdict stemmed from the fact that Sumrow signed the name of his first assistant district attorney, Craig Stoddart, a 16-year employee of his, to two separate checks to Fry’s Electronics. Stoddart said he did not give permission; Sumrow said he had permission. The checks were for $543.95 on Feb. 20, 2006, and for $1,375.89 on Nov. 11, 2006, according to the indictment.
The tampering charge also was declared a mistrial. Sumrow said his scratching out of the words “In Home” from a Fry’s Electronics invoice for computer components paid for with fee fund money, was in compliance with law, since the wireless system was for business use. The prosecution said the system was for personal use.
Sumrow, early in his career worked for the Greenville Police Department, then joined the Rockwall Police Department. He has been the county’s district attorney for 20 years.
His family members have attended the trial; they appeared very distraught after the punishment was stated.
Testimony had included that of Jerry Wimpee, county commissioner, who described Sumrow as a friend. Part-time investigators for the district attorney vouched for his integrity.
Stoddart said he would remember had he given permission for the signing of the checks.
Former district attorney investigator Teresa Chamberlain testified she made personal travel arrangements and bid on Ebay items for Sumrow during her tenure.
An FBI computer expert testified that Sumrow removed files from his office computer after the investigation started, and investigators and prosecution are suspicious of a trip Sumrow made to the county justice center where he has his office, and removed boxes, after the investigation began.
Another FBI agent testified that a computer which was the subject of much testimony, was not configured for back-up of office files, as the defense contends. This “Blue Alien”, as it has been called, contained Ebay sales documents and personal e-mails, according to Rod Gregg, a forensic examiner.
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