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January 26, 2008

District attorney’s husband accused of voter coercion

By Rich Flowers

Athens Police are investigating a claim of a threat made by Don Bennett, the husband and campaign manager of Henderson County District Attorney Donna Bennett, against a local business.

Davis said Gina Simmons, owner of The Flying Gatto coffee shop and bakery located at 222 East Tyler, claim Mr. Bennett threatened them for posting a campaign sign for Scott McKee, Mrs. Bennett’s opponent in the upcoming election.

Mr. Bennett is being investigated for coercion of a public servant or voter, a Class A misdemeanor, according to Athens Police Department Lt. Mike Davis. The case will be turned over to the County Attorney’s Office following APD’s investigation.

The incident was captured on a security camera inside the business. Police confirmed they have received a copy of that video.

According to the complaint, Mr. Bennett shook his finger at Mrs. Simmons and told her to take the McKee sign down. Mrs. Simmons told police Bennett raised his voice and said “he knows everyone in town and if the sign remained, she might as well close her doors.”

That incident was reported to have happened between 11:20 a.m. and 11:35 a.m. on Jan. 10. Bennett was in the drive-thru at The Flying Gatto when the alleged incident happened.

Bennett was driving a red pick-up with several signs promoting his wife’s candidacy in the back, Lt. Davis said.

Simmons told police she was shaken by the threat and pulled down the McKee sign out of fear that Mr. Bennett might return.

Lt. Davis, quoting the Texas Penal Code, said coercion of a voter is defined as an attempt to harm the credit or business reputation of a person. A section of that law states a person commits an offense if by means of coercion he attempts or attempts to coerce a voter not to vote or to vote in a particular manner.

Mr. Bennett — in a statement released by himself and his wife — said Friday he drove through the business, but did not make any threats.

“Everyone has the right to support whoever they choose in a race. I also have the right not to do business with an establishment. The incident has been blown out of proportion for political reasons. I’m sorry the owners of the business were offended by my actions. This has nothing to do with who is the best and the most qualified person for the job and that is Donna Bennett.”

When called for comment Friday, McKee said he often buys coffee at The Flying Gatto, but did not influence the owners to contact the police concerning her encounter with Mr. Bennett.

“They had requested the big sign. I told them if anyone says anything negative about it and it looks like it might hurt their business, just take it down,” McKee said. “Later I got a call from a friend who said they noticed the sign was down. I asked them if there had been any trouble and the owner’s wife explained what happened.”

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