March 1, 2014

Lamenting members of the Blytheville City Council plan to invite deputy prosecuting attorney Curtis Walker Jr. to this month's Police and Fire Committee meeting to discuss the sentence of the mayor's former executive assistant, Felisha Bell. On Feb. 19, Bell pleaded guilty to theft of property, paying full restitution to the city for the amount stolen in a fraud scheme -- $4,777.07...

Lamenting members of the Blytheville City Council plan to invite deputy prosecuting attorney Curtis Walker Jr. to this month's Police and Fire Committee meeting to discuss the sentence of the mayor's former executive assistant, Felisha Bell.

On Feb. 19, Bell pleaded guilty to theft of property, paying full restitution to the city for the amount stolen in a fraud scheme -- $4,777.07.

Her charges were dropped to a class-A misdemeanor theft, and she was issued a $500 fine. Bell was also ordered to pay court costs and given a suspended imposition on a 12-month sentence, meaning if she breaks the law again she may have to serve the jail time for the fraud scheme.

Councilman Tommy Abbott has proposed that the Council release a statement similar to this sample one he drafted:

"The undersigned Blytheville City Council members would like to express our dissatisfaction with the results of the prosecution of the former City Administrative Assistant. It is our position that when an employee of our city proves to be dishonest or admits to guilt regarding misuse of public funds or property, that individual should be punished to the full extent of the law. The decision to reduce charges to a misdemeanor becomes something of an insult to our citizens and certainly serves as very little deterrent to a potential, continuing problem."

Abbott and Councilman Kevin Snow were both vocal about their disappointment during last Monday's Personnel Committee meeting.

"To me, when somebody goes through that whole process and really winds up with really nothing more than a slap on the wrist, it's kind of an insult to us and to the city and to the citizens," Abbott said. "Maybe it's not a lot of money, but to me if it's $5,000 worth of services or if it's a $500 camera or if it's 50 cent something off the top of the desk, they need to know that it's not theirs and if they do that then they're going to get more than a slap on the wrist."

Snow added: "It's sending the wrong signal."

Neither Abbott or Snow was satisfied with the punishment.

"It's public money and we're responsible for the money," Abbott said. "The other thing is, it's forgery. To me, I don't know how you can do away with the forgery part of it. I can understand the restitution and the money part of it, but she took public trust, she took the trust of everybody she works for in that office over there and she abused the privilege."

City attorney Mike Bearden noted it is unusual for someone to pay full restitution up front, as Bell did.

He told the board that there are a number of factors involved in plea deals.

"A lot of things come into play with that," Bearden said. "How much was involved, for one thing. How serious a crime is it; do they have a record? And they usually talk to the victims in real serious cases like a rape or a murder or something like that ... I would have assumed they would have talked to somebody with the city to get their blessing on this, but I don't know that and that's not mandatory."

Snow asked for an explanation from the prosecutor's office.

"The ultimate concern should be given to (Second Judicial District prosecuting attorney) Scott Ellington because he's the policy-maker and he's the elected official," Bearden said, noting Ellington has told him the matter was handled at the local level.

Snow said: "I think it was easy for them, less time-consuming, an open-and-shut deal."

He said employees are being ridiculed because of the public perception following the incident.

Abbott called the sentence an embarrassment to the city employees and city leaders.

Also, Abbott said the sentence gives the impression that employees can do as they wish.

He said in the future, it must be clear that employees can't steal from the city.

"I'm not trying to tell them how to do their job because I know it's a huge job they've got to do," Abbott said. "But I just think the pressure ought to be that this is what we'd like to see happen."

Council members also noted there is a pending charge against Thunder Bayou Golf Course employee Kendrick D. Washington, who allegedly stole approximately $7,000 in various equipment and parts.

Vendor Leonard Woods, the son of former finance director LaVera Kuykendall, has been charged with theft of property valued at $1,440.

He is accused of fraudulently billing the city for computer services to Bell's city computer.

The Police and Fire Committee is scheduled to meet at 5:30 p.m. Monday, March 10.

mbrasfield@blythevillecourier.com

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