PATTYCOOPER SENTENCED
Hines asks citizens to help decide further consequences
By Lori Mellinger Bullard Banner News

Cooper

While District Judge Kerry Russell sentenced former Bullard Secretary Patty Cooper to fines, adjudicated probation and restitution, Mayor Pro-Tem A.W. Hines indicated things might not quite be finished with Cooper.

Russell accepted the plea agreement put before him by Assistant District Attorney Peter Keim, resulting in Cooper being sentenced to pay the city $88,3.4.88 - with $65,000 due on May 8, telling Cooper to not take lightly her plea of guilty.

"Today is your second chance," Russell told Cooper in her sentencing on Tuesday. "This is your chance to not have a felony conviction on your record.

"Deferred probation is about as good as it gets."

Cooper was sentenced on three charges - ranging from a seconddegree felony to state felony charges, but she won't have to spend any time behind bars.

Meanwhile, Hines said Cooper might still have to stand accountable for her actions.

"The city council will look into a civil suit to recover more of the money we believe Patty Cooper owes Bullard," Hines said. "We're asking the citizens now to speak up and let us - as their representatives - know what they want."

Hines asked citizens to contact him or other council members or speak at a council meeting.

Cooper has a certificate of deposit, which matures in May, worth about $65,000, and she's agreed to sign it over to the city on the date it matures.

"We have a duty to the citizens, and we want this whole matter out in the open," Hines said.

Hines, in addition to councilwoman Pam Frederick, Bullard City Manager Larry Morgan and Bullard Police Chief Gary Lewis, attended Cooper's sentencing.

Keim said he was happy with the decision.

"The City of Bullard - on May 8 - is going to get a good chunk of change," he said.

The investigation into Cooper's misdeeds has spanned over two years now - since her indictment by a Smith County grand jury in January 2005. But the investigation, according to Lewis began with actions stemming as far back as Dec. 22, 2000.

"It's the people of Bullard - not the City of Bullard - who were the victims of Patty's crimes," said Hines. "It's been a long road, and I'm glad this part is over."

Hines, however, was disappointed that no interest would be added to the restitution, and the city is stuck with a $10,000 bill for the services of a forensic auditor.

Cooper admitted to her guilt in open court in January, but sentencing was delayed so the judge could review the file.

In February, the city wrote a letter asking for stiffer penalties to be imposed on Cooper - including jail time, a larger restitution amount and a letter of apology.

The city only got the latter.

"I could order any amount on the case had it not already been agreed upon by both the defense and prosecution," Russell said. "But since an agreement was already reached, I don't think the law gives me leeway on changing the specific amount."

Cooper is, however, ordered to write a letter of apology to the city and have it published in a Sunday edition of the Tyler Morning Telegraph.

Russell said that in addition to the pre-sentence report he received, the Smith County probation department turned over to his over 1,644 pages of additional information in relation to the case.

In December 2005, a Smith County grand jury found enough cause to indict Cooper, 60, of theft by a public servant, between $100,000 and $200,000. The charge, a first-degree felony, was later reduced to a smaller amount and a second-degree felony.

In addition to restitution, Cooper must pay court costs and do community service for both crimes.

Cooper turned herself into Smith County authorities Jan. 9, 2005, and spent less than an hour in custody before she was released on a personal recognizance bond.

Cooper admitted to stealing the money in the form of cash, checks, utilities and other property from city coffers.

But the work done on the investigation began much earlier with Lewis digging through trash trying to piece together exactly where all the missing money was. He called for the assistance of the Texas Rangers, and Kenny Ray helped Lewis put together a solid case against Cooper.

Keim said Cooper stole money and property over a period of four years, beginning Dec. 22, 2000.

With the city struggling to update infrastructure and brace for the growth, Hines said the money would help.

"We're running on a tight budget, and this money - while maybe not a huge amount for some cities - is a lot to us," Hines said. "And the taxpayers shouldn't have to bear the burden of Patty's actions."

The plea agreement reached by the prosecution and Cooper's defense attorney stipulates Cooper must pay the city $88,304.58 in restitution, but she won't be incarcerated - instead -she received 10 years deferred adjudication.

If Cooper commits no crimes in the 10-year period, her criminal record will be erased. The prosecution said that Cooper jointly owns a 38-acre tract of land in Cherokee County.

"We're asking the land be sold and all of Ms. Cooper's proceeds added to the restitution," Keim said.

Ray presented the case to the grand jury near the end of December 2005.

Cooper's alleged misconduct came to light in November of 2004 when she resigned her position after the city council placed her on administrative leave.

Bullard Police and Texas Rangers later arrested Cooper for allegedly tampering with governmental records.

In May of 2005, Cooper was charged with tampering with governmental records.

Cooper resigned her position as city secretary in November of 2004, after the council placed her on administrative leave.

Cooper, in her resignation letter to the council said, "I feel this action is in the best interest of the City. I do not want the attention of an investigation to interfere with the important day-to-day business of the city. I look forward to being able to review and respond to the results of this investigation."

Cooper's actions came in the wake of the council placing her on administrative leave after she was arrested.

After accepting Cooper's resignation, the council hired a forensic auditing firm to take a deeper look at the city's accounting practices.

Bailes and Co., a Tyler accounting firm, conducted the audit - spanning over five years -- and turned results over to Ray.

In all, Cooper is guilty of two cases of tampering with governmental records and theft.

The tampering charges are state jail penalties.

The theft charge is a seconddegree felony.