Trinity County sheriff turns in resignation

Smith fails peace officer certification for the third time

LUFKIN — The Trinity County sheriff resigned Friday morning after failing his peace officer certification test a third time, a county judge said.

Sheriff Jimmy Smith submitted a personally written letter to County Judge Mark Evans at 10 a.m., naming his resignation date effective the close of business day Saturday.

Smith made the decision after he could not pass the third and final attempt Thursday, Evans said.

The sheriff did not want to put the county in the position of being without law enforcement liability insurance, which it would lose as a result of Smith remaining uncertified, Evans said.

Smith could not be reached for comment Thursday afternoon.

"'It is with deep regret that I hereby resign my elected position as sheriff of Trinity County ...,'" Evans read from Smith's letter.

Groveton Police Chief Ralph Jester filed a suit Jan. 12 to remove Smith for non-compliance. The Texas Occupations Code requires elected law enforcement officers be licensed by the Texas Commission on Law Officer Standards and Education within two years of gaining public office. Smith took office Jan. 1, 2007.

Applicants may take the test three times within a two-year period. Smith failed the exam in two tries in November and December.

Chief Deputy James Gratz will take over the sheriff's duties until the county commissioners court meets April 9 to decide who will be appointed to fill in the remaining 18 months of Smith's term until the next general election, Evans said.

Gratz, hired by Smith in July, said the department was "saddened and disappointed" by Smith's departure, adding that he had no plans of running for sheriff after the term is completed.

"I'm keeping the ship afloat. (The election) is a year and a half away. At this point and time I don't have any intention of running for office," Gratz said.

District Attorney Joe Ned Dean said he did not anticipate many problems with Smith's departure as far as his effect on future prosecution of criminal cases.

Smith did not usually take the lead in investigations, although he has testified at trials, including one involving charges against a deputy which may be coming up for retrial, Dean said.

The troubled department has had deputies facing criminal charges ranging from indecency with a child to prisoner abuse, plus five chief deputies moving through second-in-command in two years.

Dean was seemingly frustrated with the situation and unsure of the choices remaining. He said he hoped the department could find stability, and that some good deputies were ready to step into the job.

"There's a couple of deputies we probably could get along without. You're never going to have a perfect situation," Dean said. "I don't know that anyone has applied. I hope that whoever is appointed that we can work together to try to have better law enforcement in Trinity County."

Gratz said the sheriff's department would continue to be available to serve the public.

"And we're going to continue to operate in a professional manner and we're going to continue to serve the citizens of Trinity County," Gratz said.

Evans said he hoped the person appointed would have experience with management and budgets. Considering someone outside the department had not yet been discussed, he said.

The last time a person was appointed to fill a remaining term was after the death of Evans' father, Sheriff Lynn Evans, in 1981. Evans' mother Peggy filled in for about a year, followed by Commissioner Bunk Harrelson, who completed the term about a year later, Evans said.