By Art Lawler
Joy Kimbrough, who was named interim county Emergency Management Coordinator only last Monday, is currently serving five years of felony probation on an order of deferred adjudication from Haskell County, the Athens Daily Review has learned.
Kimbrough was charged with four counts of tampering with government records in the 39th Judicial District Court in Haskell County dating back to April 2, 2004. Haskell County is located 60 miles north of Abiliene.
Three of those charges were dismissed on Nov. 7, 2005, following a plea agreement between Defense Attorney Lynn Ingalsbe from West Texas and Special Prosecutor Cynthia Clack from the Haskell County District Attorney’s office.
Kimbrough pleaded guilty on the last count and was sentenced on that same day by presiding Judge Joseph Connally to five years of community supervision, a $7,500 fine and $127.05 for restitution.
However, because of the deferred adjudication, the guilty plea is on hold and could go away in five years if Kimbrough meets the conditions of her probation.
It would mean no court convictions and a clean record for Kimbrough with successful completion of the five-year probation period and payment of the fines.
If Kimbrough violates any of the probation agreement’s conditions during that time, her case would go back before the judge, at which time he would have the option to accept her guilty plea.
Tampering with a government record is a state jail felony, with punishment ranging from 180 days to two years in TDCJ, and a maximum fine of $10,000.
Contacted at the county’s Emergency Management office Friday afternoon, Kimbrough’s response to the five-year probation was, “No comment.”
Kimbrough’s probation period began on Nov. 7, 2005, according to Haskell County documents. She has been an employee for Henderson County since January 2005.
She was hired by former Emergency Management Coordinator Bobby Calder.
County Judge David Holstein was successful in getting the commissioners court to approve a budget amendment at Monday’s meeting, one that resulted in a large pay raise for Kimbrough.
“I’ve explained to her we have to go through the hiring process, and she’d agreed to step in to run things until we get someone,” Holstein told the commissioners during Monday’s court meeting.
He also told the court he had received four applications for the position. At the time Pct. 3 Commissioner Ronny Lawrence said, “I think we’re going to have trouble reducing her back down to assistant’s pay, if we don’t appoint her to the position.”
Following revelations about the probation being served by Kimbrough, Holstein said Friday afternoon, “I have limited knowledge of this, and to my understanding, from what I see, the case is still pending.
“I’m unaware of any Henderson County policy violations, according to our personnel manual. So there’s no cause for action at this point, but we’ll certainly look into it,” he said.
Holstein also had high praise for Kimbrough’s work in Henderson County.
“She was certainly a vital part of taking our emergency management readiness from sub-standard to an advanced level,” he said.
When Calder was stripped of his public nuisance and fire marshal titles, but allowed to keep his Emergency Management Coordinator position last month, he turned in his notice instead, saying he was “going to Iraq for some peace and quiet.”
That left Holstein, who is solely responsible for hiring and firing of the Emergency Management Coordinator, with a big hole to fill.
“We needed one ASAP,” Holstein said, “and she is the best qualified and knew our system better than anyone but myself. She was very instrumental in writing and updating our emergency management plan.
“It’s natural, there’s a heightened since of accountability,” Holstein admitted. “But there is no cause for termination at this point in time. She’s done a good job for the county as long as she’s been here.”
