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Monday, September 20, 2010

EXCLUSIVE: TAKING LIBERTY, Part 2

In Part 2 we the taxpayers research the origins of the Liberty County Firearms Facility and the related individuals who control and manage it.

We began our research into The Liberty County Firearms Facility by sending Commissioner Melvin Hunt an official request for documents. See attachment #1, a Texas Open Records Act Request (TORA) dated 04-23-10 now known as a Public Information Act (PIA) request. We asked him for “a copy of documents surrounding the procurement of the firing range located at 3710 FM 1010, Cleveland, Liberty County, Texas.” Then, when he responded, we had the data to start our story…

Once upon a time in Liberty County, back in 2004, there was a drug dealer named Paul Brockner. He was busted by The Cleveland PD, prosecuted by Mike Little in The Liberty County Court House, and sentenced to several years of probation. During his probation period, Paul Brockner decided that he loved Liberty County so much that he would donate 6.86 acres of land and a right of way track to the County. (See attachment #2: Hunt’s official response regarding the procurement of the firing range dated 05-11-10 with 9 pages of information). Look for the “DEED OF GIFT”. What a nice drug dealer. How many drug dealers do you know that love their captors so much? Maybe he got some of that “Old Time Religion?” Perhaps, maybe he was Under Duress. Commissioner Melvin Hunt handled the transaction with some other questionable actors. Meanwhile, some of the other commissioners were unaware of Paul Brockner‘s criminal record and the deal he could not refuse. Then, miraculously, Paul Brockner's probation period was prematurely eliminated, and Paul Brockner was a free man once again. So was this a donation, a shake down, or a payoff? Doesn’t this transaction have the outward appearance of impropriety? And, if you study Attachment #2 more closely, it is interesting that in Liberty County it is possible for a Notary to verify someone’s signature 5 days before they sign the document! After you read this story, check the court records of other convicted individuals and see if you can find a deal like Brockner’s in all the history of Liberty County. Do I smell some 42 U.S.C. Section 1983, 241 (civil) and 242 (criminal) actions here?

So we know where the land came from, but the public records get a little fuzzy after this. Nowadays it seems clear that Commissioner Melvin Hunt used the “donated” land for a Firearms Facility and that somehow Constable Royce L. Wheeler was now controlling and managing it. It seems that many different govt. agencies were encouraged to contract for use of the facility and Wheeler was the man to see. Within the Liberty County Firearms Facility certain items were sold to the users of the facility, like targets and bullets, food and refreshments just to name a few. The users could maintain their certifications required by law (TECLOSE) thereby maintaining their licenses as police officers. So the Liberty County Firearms Facility had a private business running within the facility and that business was making considerable money for Melvin Hunt & Royce L. Wheeler, but not the tax payers. It was determined that questions needed to be answered, so we needed to know who was in charge. That was when things got sticky… On 05-02-10 we sent Royce L. Wheeler a Texas Open Records Act (TORA) request for any and all documents delegating authority to Royce L. Wheeler to control and manage the use of the firing range and all documents relating to who controls and issues keys to the range. See attachment #3. On 05-05-10, Royce L. Wheeler’s official response was to deny that his office had any records as to who controls and issues keys to the Firearms Facility nor any documentation delegating Royce L. Wheeler authority to control and manage the use of the firing range. See attachment #4. Wheeler even went so far as to say that the County Clerk, Ms. Sellers, is responsible for keeping the records on this matter.

Meanwhile, on 05-04-10, we sent Melvin Hunt a Federal Freedom of Information Act request for copies of any and all documents, contracts, bids and estimates surrounding the construction of the firing range. See attachment #5. On 06-18-10, Melvin Hunt’s official response denied that any documents could be found that were responsive to our request. See attachment #6. We find it hard to believe that there were no records about how such a nice facility as the firing range was built with sidewalks, buildings, full kitchen and much more. Then on 05-27-10, we sent another request to Wheeler asking if he had any documentation demonstrating that Wheeler controls and manages the range and enter into contractual agreements with other law enforcement agencies for the use of the range. See attachment #7. On 06-02-10, Royce L. Wheeler said that his office had no records that we were requesting. See attachment #8. After Wheeler had answered that the County Clerk Ms. Sellers was supposed to have records, on 05-09-10, we sent a Public Information Act request to Delia Sellers, the County Clerk of Liberty County. See attachment #9. We received no response within the required time and an unresponsive response much later on 06-03-10. See attachment #10. We are now cooperating with the State Attorney General's Office to obtain a responsive response to our PIA request to Sellers and we will keep the public informed as new information becomes available. See attachment #11, our official complaint to the Office of the Attorney general (OAG) dated 07-19-10. Also, see attachment #12, the OAG’s letter to Delia Sellers dated 08-09-10 where she is encouraged to just answer the questions. This would save the Taxpayers and lot of money in the long run because Sellers knows we are entitled to the requested copies. As keeper of the county records, Delia Sellers was aware of Paul Brockner‘s criminal record, the land transaction and was told to keep quiet by Wheeler and Hunt, this makes her a co-conspirator in this matter. But, the question is why have Wheeler, Hunt, & Sellers worked so diligently to keep so much of the records under wraps? It is estimated that the range makes approximately $6,500.00 a month. There seems to be enough reasons there to keep things real quiet. However, Mr. Hunt said it right when talking to Wayne Dolcefino after testifying before a Federal Grand Jury last week when he said “everybody is suspicious of everybody, good friends are no longer good friends and that is sad.” You are right Mr. Hunt, some of your friends, Sellers’ friends and Wheeler’s friends have all decided to protect themselves and tell the truth, can you spell fly on the wall?

Like in Part 1, it appears that government resources are being hijacked by private parties within the government to enrich themselves. If this is not the case, then why are they violating the Public Information Act by covering the records up? Again, where is DA Michael R. "Mike" Little when government officials enrich themselves at the publics' expense? Moreover, just who in the courthouse has the ability to get someone's drug dealing probation prematurely reduced after the drug dealer just happens to make a "donation" to the county? Why is it that Govt. officials feel cozy enough to know they won't ever be charged with anything? There's a lot of range money that is unaccounted for. We can't even tell you who claims to be in charge of this train wreck, but it is clear that this is not the way govt. should work.

Currently, Constable Royce L. Wheeler is claiming to have no records showing that he was delegated authority to manage and control the Liberty County Firearms Facility. Delia Sellers, the County Clerk, is still quiet on the matter, but she is battling with the Attorney General Office (OAG) regarding her refusal to simply answer the questions. However, there is a letter signed by Wheeler, wherein Wheeler reminds Sheriff Patterson that there is a contract between Constable Wheeler’s Office and the Sheriff’s Office for use of the Firearms Facility. This letter demonstrates that Wheeler is unofficially in fact managing and controlling the Liberty County Firearms Facility even thought the rest of the County Officials are oblivious of his position. See attachment #13, dated 11-19-09 letter acknowledging that a contract between the Liberty County Sheriff’s Office and Royce L. Wheeler’s office exists, signed by Wheeler. Melvin Hunt’s Office can’t even provide records about how the facility was built. We just wondered for a long time now what else was going on with all this until their friends started singing to us. Nobody in charge claims to know anything. But, we are tired of waiting on someone to admit they are in charge of this mess. It is time we move on to more important matters. Like, starting a real investigation as to whether or not private parties are making back room deals that control the outcome of justice in Liberty County.


#1 04-23-2010 TORA request to Melvin Hunt Regarding Range Procurement
#2 05-11-2010 Response from County Atty for Hunt regarding Deed of Gift
#3 05-02-2010 TORA request and Envelope to Wheeler - Requesting Delegation of Authority to Wheeler to run range & info on keys
#4 05-05-2010 Response from Wheeler denying his office has records & says County Clerk has records
#5 05-04-2010 FOIA request to Hunt for Contracts Bids Estimates for Firing Range
#6 06-18-2010 Response from County Atty for Hunt Commissioner denying his office has records
#7 05-27-2010 TORA request & Envelope to Wheeler - Requesting information demonstrating Wheeler is managing range
#8 06-02-2010 Response from Wheeler denying his office has records
#9 05-09-2010 TORA request to Sellers requesting Delegation of Authority to Manage Range & info on Keys
#10 06-03-2010 Sellers Unresponsive Response Letter and Envelope
#11 07-19-2010 Complaint to Texas AG with Attachments and copy of envelope
#12 08-09-2010 Letter from Texas AG to SELLERS
#13 11-19-2009 Wheeler agreement with Sheriffs Office regarding Range Contract

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