Athens Daily Review
PAYNE SPRINGS, Texas — For the second time this month, a member of Payne Springs Fire Rescue has been charged with at least one felony.
Jason Thorne, 35, of Eustace, was arrested on Tuesday after being charged with theft. He was released on $20,000 bond.
On July 10, then-Chief Randy Harley contacted Henderson County Fire Marshal Shane Renberg about the possibility of money being stolen from the department, according to the probable-cause affidavit for Thorne’s arrest.
Renberg “was informed that Jason Thorne, who was the treasurer … was unwilling to provide receipts for certain Walmart purchases during a regular scheduled board meeting on July 9, 2018.” Harley told Renberg that “on the morning of July 10, 2018, a total of six receipts were obtained by the Payne Springs Volunteer Fire Department from Walmart Supercenter in Gun Barrel City.”
The receipts showed that Thorne received cash back on the purchases using a department debit card, according to the affidavit.
Harley told Renberg that “getting cash back on purchases was not allowed or approved by (the) board. After the fire marshal met with Assistant Fire Chief Adam Robinson and several members of the department, he obtained the receipts and bank statements for January to June. The documents showed several ATM withdrawals.
Meeting at the Henderson County District Attorney’s Office with Renberg, Thorne “admitted to getting cash back numerous times at the register at Walmart and spending the money for personal use,” the affidavit shows. “Jason Thorne stated that if we looked at the bank statements and found anything taken starting in January of 2018, that he did it.”
Thorne told Renberg that he did not know how much money he took.
Bank records from Oct. 5, 2017, show that Thorne changed the debit card into his name, according to the affidavit.
“A review of those records show that ATM withdrawals began in November of 2017 in various amounts and continued through July 2018.”
Thorne, according to a post on the department’s Facebook page, resigned from his position on the board and as a member on July 9 during the board meeting.
Meanwhile, Harley remains free on $60,000 bond after being arrested on Aug. 9 for bribery and tampering with a governmental record.
According to the probable-cause affidavit for his arrest, the offenses occurred on May 18, when Harley, 53, “intentionally and knowingly, solicited and accepted a benefit, $1,200, as consideration for his decision to exercise his discretion, making false entries on a government record.” The affidavit shows that the record was a Henderson County Community Supervision and Corrections Department timesheet to certify a criminal defendant has performed community service hours at the Payne Springs volunteer fire department.
On July 23, Renberg was conducting his investigation Thorne when he learned that a possible bribery and tampering with a governmental record incident may have occurred involving Harley.
It also shows that Renberg discovered assertions that people who were convicted of criminal offenses and placed on probation could acquire court-ordered community service hours by approaching Harley and make a “donation” in exchange for his signature on any documents required by the probation department.
That department is a branch of the courts that supervises criminal defendants placed on probation by the courts and ensures that criminal defendants adhere to court ordered conditions of release. One of the common court-ordered conditions is that a criminal defendant must perform community service hours for a non-profit organization.
The probation department keeps track of such hours performed by a probationer on the CSR timesheet. This document is provided to a probationer instructed to find an approved organization for which to perform the community service work. Once the work is performed, a member of the organization signs and records the date and number of hours of work performed.
Renberg contacted the HCSCD and inquired about any probationers who may have recently submitted documentation claiming they had performed community service hours at Payne Springs Fire Rescue. HCSCD officials reported they had one probationer submit a “CSR timesheet” showing that person had performed community service at the department.
Rusty Dorough was on probation for an offense in another county but supervised by the HCSCD. He was ordered to complete 120 hours of community service.
The affidavit shows that Renberg met with Dorough, who said he did not work any of the work reflected on the timesheet. Renberg also checked fire department bank records. A review of the records did not reveal a $1,200 cash deposit within a reasonable period that could account for the money Dorough gave Harley.
After reviewing the information from Renberg, Precinct 4 Justice of the Peace Milton Adams found that probable cause existed for Harley’s arrest and issued the warrant.
Payne Springs Fire Rescue Executive Board members suspended Harley indefinitely because of his arrest.
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