Cotton County Sheriff Resigns but Must Stand Trial

Image
  •  Facing an ouster proceeding, Kent Simpson resigned as Cotton County Sheriff recently, but he still must stand trial on a criminal charge arising from an indictment issued by a multi-county grand jury.
Body

OKLAHOMA CITY – Facing an ouster proceeding, Kent Simpson resigned as Cotton County Sheriff recently, but he still must stand trial on a criminal charge arising from an indictment issued by a multi-county grand jury.

Meanwhile, the Cotton County Board of Commissioners appointed former Deputy Sheriff Tim King to fill the post of sheriff and complete the 15 months remaining on Simpson’s unexpired term. Also, King promoted Deputy Troy Glover to replace Bobby Sparks, who was Simpson’s undersheriff. King ran for the sheriff’s post in 2016. In the Republican primary, he edged his opponent by one vote, 267-266, but in the general election, King lost to Simpson, a Democrat, by 92 votes out of 2,590 ballots cast.

King was the undersheriff to former Cotton County Sheriff Paul Jeffrey and previously served as an officer with the Walters Police Department. When asked why the commissioners appointed King to succeed Simpson as sheriff, Cotton County District 3 Commissioner Greg Powell said, “At the time this happened we needed someone to step in and take over who had experience.”  Powell said no one else applied for the job.

SIMPSON ACCUSED OF NEGLECT

Simpson, 59, was suspended from office on June 10 on a petition/application from the Cotton County Board of Commissioners, who alleged the sheriff “willfully and habitually, with bad or evil purposes, neglected the duties of his office...” After reviewing the commissioners’ petition, listening to statements from attorneys in the case and examining supporting affidavits, Associate District Judge Michael C. Flanagan decreed that “sufficient cause appears” to warrant suspending Simpson “from the functions of his office pending further investigation and until determination of the matters contained in the petition.”

Under state law, Simpson was entitled to a jury trial on the ouster petition, and initially, his case was set for the Cotton County District Court jury docket that started on Oct. 1. On Aug. 15, though, Simpson, an ordained minister, requested a continuance. “He argues that he does not have sufficient time to prepare for trial,” Flanagan wrote in approving the request. The judge said he would “consider setting the case toward the end of the Octo- ber docket or extending the docket into the first week of November” to accommodate Simpson.

SHERIFF RESIGNS, CITING INJURIES

Instead, in a letter dated Sept. 11 and addressed to the county commissioners, Simpson tendered his resignation as sheriff, effective immediately. “As many know, I suffered devastating injuries as a result of an on-the-job accident in December, many of which I am still recovering from. After much thought and reflection, I feel it is best to resign and allow myself to fully heal which will also allow the County to begin making arrangements for my replacement and to prepare for the upcoming election.”

Simpson was injured on Christmas Eve last year while responding to a pursuit. Walters police chased a driver identified in court records as Travis Simpson, Kent Simpson’s son, who allegedly was clocked “going through Walters at 90 mph.” South of town then-Sheriff Simpson lost control of his patrol car on a Cotton County road and slammed into a tree, records relate. Simpson was flown to an Oklahoma City hospital for treatment but was released on the day after Christmas. “It has been my great honor to serve the citizens of Cotton County as Sheriff for the past six and a half years and for two decades as a reserve deputy before that,” Simpson wrote in his letter. “Serving as Sheriff has been one of the most rewarding, humbling, albeit sometimes trying experiences of my life.”

SIMPSON MAINTAINS INNOCENCE

In a settlement agreement between Simpson and the county commissioners, dated Sept. 13, Simpson agreed to “never run for an elected office in Cotton County” again, and the commissioners pledged to drop their removal petition. At their Sept. 16 meeting, the commissioners formally accepted Simpson’s resignation and dismissed their petition seeking his ouster from office. In the agreement, Simpson maintained his innocence. “This agreement does not constitute an admission by Simpson that any of his actions were wrongful, unlawful, or in violation of any duty or obligation, or of any rule of law, or any provision of any ordinance, regulation, or standard, and Simpson specifically denies any wrongdoing or violation of law.” The agreement was signed by Simpson and his attorney, Austin Walters of Mustang, and by the three Cotton County commissioners and their legal counselor, Comanche County Assistant District Attorney Taren Lord-Halvorsen.

SIMPSON CASE SET FOR FEB. 12

The state’s 17th multicounty grand jury indicted Kent Simpson on Sept. 20 with “exceeding authority while executing a search warrant.” The misdemeanor charge alleges that on March 11, 2018,  at about midnight, Simpson executed a search warrant at a residence in Walters without first receiving permission from the judge who authorized the warrant. State law stipulates that, as a general rule, a search warrant of an occupied dwelling must be executed between the hours of 6 a.m. and 10 p.m. Statute also provides that any peace officer executing a search warrant “who willfully exceeds his authority” is guilty of a misdemeanor offense.

Timothy Henderson, presiding judge of the multicounty grand jury, decreed on Sept. 19 that Kent Simpson’s case will be tried in Cotton County. District Judge Emmit Tayloe and Associate District Judge Flanagan both recused themselves, so Gerald Neuwirth, presiding judge of the Southwestern Judicial Administrative District, assigned the case to Comanche County District Judge Scott Meaders. Simpson appeared in Cotton County District Court on Sept. 27, pled not guilty, and was released from custody on his own recognizance in lieu of $2,500 bond, with instructions to appear back in court on Feb. 12, 2020.

Myriad Complaints Lodged Against Ex-Sheriff Simpson

Former Cotton County Sheriff Kent Simpson was accused of more than a dozen infractions, including an accusation that he failed to “make reports of domestic violence calls as required by law.”

A “Peace Officer’s Affidavit” submitted as evidence in the case analyzed the number of calls reported to Simpson versus the number of incident reports he filed in response to those complaints, which were filed between January 2017 and October 2018. A total of 164 calls were placed involving incidents such as arrests, assaults, burglaries, deaths, kidnapping, law enforcement pursuits, shots fired, stolen property, domestic disputes, suicide threats, and trespassing.

Simpson filed reports on just 22 of those 164 complaints, the affidavit shows. For example, during that time frame, two dozen domestic abuse calls were fielded but only two were documented with reports, the affidavit alleges. State statute mandates, “It shall be the duty of every law enforcement agency to keep a record of each reported incident of domestic abuse…”

● A Walters police officer alleged in a sworn affidavit that on 18 May 2018 Big Pasture School was burglarized and electronic equipment was stolen. School personnel identified a suspect and “provided information to the location of [the] stolen property.” However, Simpson submitted no report, the pilfered property was not recovered, and the Sheriff’s Department conducted “no follow-up action,” the officer wrote.

Simpson denied both allegations but offered no evidence to refute the claims, and declared in a June 24 document that the school burglary investigation “is ongoing”.

The Cotton County Board of Commissioners also alleged that:

● On or about 4 July 2017 Simpson deliberately failed “to make reports as required for the seizure of property and monies, failed to make a report of the crimes” of a criminal suspect, and failed to provide those reports to the District Attorney’s office “for consideration/filing of charges.”

● Simpson “unlawfully delegated duties of hiring and termination” of sheriff’s department employees to Undersheriff/Jail Administrator Bobby Sparks, whom the commissioners accused of nepotism. Another Peace Officer’s Affidavit claimed that Sparks hired his daughter as a jail administrative assistant and his wife as a jailer.

Sparks is no longer employed in the Cotton County Sheriff’s Department, nor are his daughter and wife. It was unclear whether the Sparkses were fired or resigned voluntarily, because recently appointed Sheriff Tim King did not respond to three telephone messages left for him.

● For 10 days in May Simpson “knowingly” harbored, at Simpson’s rent house in Cotton County, a fugitive who was sought on a felony warrant for charges of unauthorized use of a motor vehicle.

● On April 27 through May 1 Simpson “knowingly” allowed the fugitive, who was renting a house owned by the sheriff, to keep at that residence a vehicle which Simpson “knew to be stolen…”

● From August 2018 through 10 January 2019 Kent Simpson “did knowingly and willfully … refuse to allow law enforcement officers to arrest” Travis Simpson, the sheriff’s son, who was wanted on several felony warrants. At that time Travis Simpson was “located on property owned by Kent Simpson.”

Moreover, on 10 January Kent Simpson “did willfully neglect and refuse” to assist then-Deputy Troy Glover in arresting Travis Simpson.

● For two weeks after Travis Simpson was arrested and jailed, Kent Simpson allowed his son to “go at large” and have unsupervised visits with his mother and another female, which caused the Cotton County Sheriff’s Office staff to transfer Travis Simpson to the Comanche County Detention Center in Lawton.

● During his tenure as sheriff, Kent Simpson “did knowingly and willfully” fail to update the sex offender registry, failed to maintain a current inventory of evidence held by his department, and failed to account for or make an inventory of weapons issued to Sheriff’s Department deputies and reserve deputies.

● Then-Sheriff Simpson on 12 May brought to his office prescription medication that “belonged to and was prescribed to his wife” and gave that medication to a county jail inmate for his personal use. No explanation for why Simpson might commit such an act was provided in the commissioners’ petition.

Simpson denied the allegations and “demand[ed] strict proof thereof,” but offered no evidence to refute the charges.

Ex-Sheriff’s Son Familiar with Courtrooms

Travis Wayne Simpson, son of former Cotton County Sheriff Kent Simpson, has had encounters with law enforcement agencies for more than two decades, records of the Oklahoma State Courts Network (OSCN) show. 

Travis Simpson is scheduled to be sentenced later this month and already owes the court system tens of thousands of dollars in fines and fees.

● In 1998 he was arrested by Walters police for transporting an open container of liquor, driving a motor vehicle in a manner not reasonable and proper, and operating a motor vehicle on which all taxes due the State of Oklahoma had not been paid. He pleaded no contest to those charges, court records reflect.

● Oklahoma Highway Patrol (OHP) troopers ticketed Simpson for speeding 80 mph in 65 mph zones in Jefferson County in 1998 and again in 2003. In both instances he pled guilty and paid a fine.

● In 2001 Travis Simpson was charged with theft of anhydrous ammonia. OSCN records indicate that ultimately he was sentenced to five years in prison but another five years were suspended, and he was fined $10,000 but that was deferred in lieu of completing a drug/alcohol addiction program.

● In 2002 Simpson was accused of manufacturing a controlled, dangerous substance and knowingly concealing stolen property (a motorcycle belonging to a Burkburnett, TX, woman). OSCN records indicate he pled guilty in 2002; his sentence was 10 years in prison with five of those suspended, a $50,000 fine plus court costs, and he was ordered to make restitution for the motorcycle.

● In 2005 and again in 2009 Simpson was ticketed by OHP troopers for failure to wear a seat belt; both times he pled guilty to the charges.

● Travis Simpson was arrested by Walters police in 2009 on two counts of possession of drug paraphernalia, unlawfully carrying a weapon, failure to pay taxes due to the state, and failure to have a security verification form in his possession. He pled guilty, and his sentences were imposed concurrently with the sentences on the convictions from 2001 and 2002; in addition, he was fined $400 plus court costs.

● Last year Simpson was arrested by Walters police and charged in Cotton County District Court with endangering others while attempting to elude a police officer, and two counts of driving while his license was suspended.

● In January of this year Simpson was charged in Cotton County District Court with endangering others while eluding a police officer, unauthorized use of a motor vehicle, driving while his license was suspended/canceled/revoked, operating a motor vehicle bearing an improper license plate, second-degree burglary and grand larceny.

He pled guilty before Associate District Judge Michael Flanagan on 22 August to the pending 2018 and 2019 charges, OSCN records reflect. Sentencing is scheduled for 17 October at 9 a.m.

Besides facing the possibility of a prison term, Travis Simpson, 41, owes the state court system $87,000 “plus accruing costs,” court documents from 2017 and 2018 show. He was ordered to pay $50 per month – which would take 145 years to pay off.

That sum includes several fines, the costs of his incarceration (calculated at $37.40 per day), and myriad court costs, including: a law library assessment, arrest fees, CLEET (Council on Law Enforcement Education and Training) assessment, AFIS (Automated Fingerprint Identification System) assessment, victims compensation fund assessment, forensic fee, district attorneys revolving fund assessment, trauma care assistance assessment, Oklahoma Court Information System fee, a sheriff’s fee ($1,110 in one of Simpson’s cases), county courthouse security fee, state Attorney General’s victim services unit fee, district court clerk’s revolving fund, CAMA (Child Abuse Multidisciplinary Account) fee, and a mental health drug abuse education and treatment fee.