Jeffrey Duane Herrick, owner of Star Construction Company, has been charged in Lyon County District Court with two felonies counts, accusing him of presenting a false claim and with theft. Both charges involve dollar values between $1,000 and $25,000, and both involve work Herrick and his company did for the city of Emporia.
Herrick is accused in the same affidavit as former city engineer Keith Beatty, who was charged on June 30 with official misconduct, permitting a false claim and misuse of public funds in conjunction with resurfacing projects done in 2006 and 2008.
According to an affidavit filed by Kansas Bureau of Investigations Senior Special Agent Ronald D. Hagen, who investigated the cases, Star Construction Company was awarded a contract to recondition Union Street in 2006. The cost of the project — more than $450,000 — was to be split between the city and the state of Kansas.
At issue in the charges are dowel baskets that allegedly were part of the bid package, but were not installed by Star Construction.
Dowel baskets are basic truss structures, fabricated from thick-gauge wire, used to hold dowel bars at the appropriate heights during the paving process.
Two city employees told Hagan that they noticed that dowel baskets were not being installed by Star, at Union Street and on another unspecified project.
When one of them contacted Herrick about the absence of dowel baskets on the second project, in 2008, the affidavit stated, Herrick allegedly refused to install them.
“Jeff Herrick told him that he did not put down dowel baskets in the Union Street project as required and was not going to put them in this project,” the affidavit stated.
Hagen wrote that the only way to change the dowel basket requirements would be through a change order from then-city engineer Beatty.
The cost of the dowel baskets for the 2008 project was $11,917.18.
The affidavit stated that former deputy police chief Mike Williams told Hagen that during an administrative investigation “regarding problems with the Union Street project and a pond owned by Keith Beatty that was worked on by personnel of the Kansas Department of Transportation at taxpayers’ expense ... he interviewed Jeff Herrick and Herrick told him that he did speak with Keith Beatty and Beatty was aware the dowel baskets were not put in the Union Street project as required.”
Hagen wrote in the affidavit that Herrick told him that he was a personal friend of Keith Beatty and could not remember speaking to Beatty about not installing the dowel baskets.
The city of Emporia has no record of Star Construction repaying the city for the dowel baskets that billed for but were not used.
Herrick is scheduled to appear before Magistrate Judge Douglas Jones at 12:45 p.m. on July 29. He is free on a $5,000 oral recognizance bond.
Beatty made his first appearance in court earlier this month and will have a preliminary hearing on Aug. 5 at 3 p.m. before Jones.
gold66801 (anonymous) says...
This comment was removed by the site staff for violation of the usage agreement.
July 21, 2009 at 1:31 p.m. ( permalink )
gold66801 (anonymous) says...
This comment was removed by the site staff for violation of the usage agreement.
July 21, 2009 at 1:33 p.m. ( permalink )
seriouslyfolks (anonymous) says...
This comment was removed by the site staff for violation of the usage agreement.
July 21, 2009 at 1:51 p.m. ( permalink )
Steve_Corbin (anonymous) says...
shucks!
July 21, 2009 at 3:12 p.m. ( permalink | suggest removal )
under_score (anonymous) says...
lol
July 21, 2009 at 3:24 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
And the award for most comments removed by staff goes to:
Gold66801 for 6 out of 21 comments removed.
And the prize is: 1 month of anger management classes.
P.S. And the ban only passed by 8 votes, who's the idiot?
July 21, 2009 at 4:09 p.m. ( permalink | suggest removal )
hawks422 (anonymous) says...
Just curious why the gazette has to censor these posts?? Is it a legal issue???? or is it just opinions that don't agree with the gazettes point of view?
July 21, 2009 at 4:19 p.m. ( permalink | suggest removal )
be_fair (anonymous) says...
It probably has something to do with the fact that some postings are too hostile and rude.
July 21, 2009 at 4:33 p.m. ( permalink | suggest removal )
dale011 (anonymous) says...
I hope they throw the book at Beatty - it is terrible when public employees abuse their positions while enriching themelves.
July 21, 2009 at 4:36 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
Anyone who has ever dealt with City inspectors or are involved in local construction should recognize that the fraud and theft charges are being filed in an attempt to cover the fact that City staff did not do their jobs properly. Before any concrete street, curbing, or driveway approaches that connect with city streets can be poured, the City Inspectors must be called in to inspect to ensure the project meets city specs.
July 21, 2009 at 4:51 p.m. ( permalink | suggest removal )
gold66801 (anonymous) says...
why did you remove my comments i was just speaking the truth
July 21, 2009 at 5:42 p.m. ( permalink | suggest removal )
howdo (anonymous) says...
Any one who has actually done any work that needs inspected would also know that the inspector can only note that the work is done incorrectly, not physically force the contractor to do "his" job correctly. Looks to me like the inspector did fulfill his obligation.
July 21, 2009 at 8:02 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
gold66801,
Stupid is as Stupid does.
July 21, 2009 at 8:41 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
gold66801:
Would you stand behind your comments in a court of law?
The staff has done you a favour by removing your comments.
July 21, 2009 at 9:06 p.m. ( permalink | suggest removal )
Tell (anonymous) says...
The contractor did his job correctly as directed by the city engineer. I bought a ink pen from the stop 2 shop the other day and when I left I left the pen on the counter now I paid for it but didn't recieve it I could go back and ask for it or I could wait three years later and file charges.
July 21, 2009 at 10:02 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Thanks for the pen Tell.
Seriously R. Folks
July 21, 2009 at 11:45 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
Wrong howdo, they can and do stop work until specs are met. The inspector could have and should stopped the pour from taking place until the baskets were installed.
July 22, 2009 at 6:11 a.m. ( permalink | suggest removal )
builderboy (anonymous) says...
Hey I wonder why his picture wasn't put in the paper like keith's was??? Or other people being brought up on charges in the community??
Also why is it that the inspector on the job didn't stop the pouring process when these baskets weren't inplace???
July 22, 2009 at 11:25 a.m. ( permalink | suggest removal )
builderboy (anonymous) says...
Hey what about the other projects that herrick has done for the city?? Will he be losing his bond for the city of emporia??? Will anyone be looking into other jobs done by star construction?? Why did they wait three years???
July 22, 2009 at 11:28 a.m. ( permalink | suggest removal )
builderboy (anonymous) says...
This comment was removed by the site staff for violation of the usage agreement.
July 22, 2009 at 11:27 a.m. ( permalink )
native_emporia (anonymous) says...
going to have to agree with neighbor on this one. Fault falls on the city, don't think any "crime" really occured here. Have had star constuction do work for me, it was quality work and I would hire them again.
July 22, 2009 at 2:27 p.m. ( permalink | suggest removal )
hawks422 (anonymous) says...
All I have to say is Collusion-a secret agreement for an illegal purpose...
It seems as though a set of plans were agreed upon for the proper construction of a street & the former city manager & his friend (herrick) thought they could get away with a fast one...kuddos to the whistleblower for notifying the proper authorities.
July 22, 2009 at 3:54 p.m. ( permalink | suggest removal )
be_fair (anonymous) says...
What about the inspector? He didn't stop the construction!
July 22, 2009 at 4:34 p.m. ( permalink | suggest removal )
howdo (anonymous) says...
neighbor: The inspector still can not physically force the contractor to stop working. He can only ask them to stop, which he did, and if they refuse I guess he could throw himself in front of the paving train to get their attention.
July 22, 2009 at 5:38 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Frogger knows a thing or two about jumping in front of roadwork equipment. Not a good thing to do.
July 22, 2009 at 7:02 p.m. ( permalink | suggest removal )
builderboy (anonymous) says...
Hey why didn't the inspector tell the concrete company to stop pouring??? And why did it take three years??? Also how about the orginial police investigator??? Isn't he in trouble now??? Will this case be thrown out like others ??
July 22, 2009 at 10:05 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Find out on the next episode of "Soap".
July 22, 2009 at 10:06 p.m. ( permalink | suggest removal )
builderboy (anonymous) says...
kinda funny tonight in the paper we have the topics of raising mill levys and taxes and on monday we have topics about public servants stealing from us. I kinda wonder if we found a way to keep khp, city employees and city contractors in check, would we be closer to having a balanced budget??? Just a thought !!
July 22, 2009 at 10:11 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
builderboy,
When WILL you learn?
Gazette staff keeps removing your slanderous comments, and you turn around and post another one.
July 23, 2009 at 12:25 a.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Will builderboy learn not to make slanderous comments?
Will the EG staff remove builderboys comments?
Will rbow ever admit to thinking Frogger is awesome?
Will Seriously R. Folks post anything relevant to the story?
Find out the answers to these and more questions on the next episode of "Soap".
July 23, 2009 at 12:42 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
Darn it, Seriously R. Folks!
Now you've got me humming that darn theme song from that series.
And frog legs are awsome, tastes like chicken.
July 23, 2009 at 5:34 a.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
Yea.....and chicken legs look like like little baby turkey legs.....and turkey legs bring us back to logjam.....its amazing how this all goes together. It's almost like it was all part of a plan. I think it's all designed to keep us from learning that George Washington was really born in Ypsilanti, Mich., which was not even part of the United States when they were first united....thereby making him ineligible to be pressident.....that then making us a fatherless country...and we all know what that is called. Hmmmmm :-)
July 23, 2009 at 6:04 a.m. ( permalink | suggest removal )
builderboy (anonymous) says...
rbow I was just asking some questions. I wasn't trying to be slanderous. I appolgize . When is the next episode of " soap" today when the paper arrives??
July 23, 2009 at 7:04 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
Ah, Ypsilanti.
Those were the days, Nothing better than a coney at Abe's Coney Island, President Clinton loved them.
The Cheeky monkey great for window shopping, a cold brew @ the Wooden Nickel, or Sidetrack.
And lake Ford a great place for a summer swim, or a winter ice fishing. Oh, wait, what about George Washington?
July 23, 2009 at 7:10 a.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
rbow.....You know Ypsi! My youngest brother has lived there for years. Cool town.....cool state.....downright cold in the winter though.
July 23, 2009 at 7:18 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
biscuitboy;
Never been there, but had to look it up after you mentioned it. The web-site, (which I use whenever I travel), makes it sound a lot like Emporia though. Just trying to go with the flow, but that darn logjam keeps blocking me.
builderboy:
I don't know, but when we post someones real name on here it seems to provoke the EG's staff, and does open one up to legal issues.
July 23, 2009 at 7:59 a.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
That's why my first post got removed, I mentioned a certain motion picture star with a name that sounds like Barren Weatty. Say what you will about the EG staff but they love the 1990 big screen adaptation of Dick Tracy and they don't take kindly to folks not likin' the star of said movie.
July 23, 2009 at 8:15 a.m. ( permalink | suggest removal )
justthinkin (anonymous) says...
I've re-read the part about the internal investigation done by the Police Dept, and if I understand correctly; the investigator, told KBI investigator, that construction owner said he (owner) had spoken with City Engineer and all was OK......
But, when KBI spoke to owner, owner reports NOT to have spoken to engineer about the subject?....
The first statement sounds a little like hearsay to me, but maybe I don't understand correctly.
Surely the City's investigator would NEVER give untrue information........and WHY doesn't he work for the City anymore?
July 23, 2009 at 9:01 a.m. ( permalink | suggest removal )
builderboy (anonymous) says...
This comment was removed by the site staff for violation of the usage agreement.
July 22, 2009 at 10:06 p.m. ( permalink )
neighbor (anonymous) says...
"neighbor: The inspector still can not physically force the contractor to stop working."
So they just let it go, let it take place, then only remember the incident three years later when their former boss gets charged?
Please howdo, I hope you're not serious.
July 23, 2009 at 5:20 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
No, I'm serious. Dick Tracy was a baaaad movie.
July 23, 2009 at 5:25 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
Can you say "Good 'ole Boy Network???"
July 23, 2009 at 5:27 p.m. ( permalink | suggest removal )
homewrecker (anonymous) says...
As a seasoned contractor,Herrick knows very well that dowel baskets must be used in a street project and he decided simply not to. Nothing but straight out theft in this case. Looks as if he finally got caught at his game. Bet he has stepped down off his high horse now that his game has surfaced. Just how deep does it go? HANG HIM AND HANG HIM HIGH! THEFT IS A CRIME!
July 24, 2009 at 11:43 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
3 beavers were building a dam on the Cottonwood River. The beaver community had elected one of the beavers to be in charge of the dam building. When he wasn't looking the other two beavers used rotten wood and took the good wood and slipped away to build their own lake on some other land. By the time the beaver village figured out what happened, the dam broke and flooded the village, washing away all the other beavers and leaving nothing but a big pile of mud behind.
July 25, 2009 at 12:15 a.m. ( permalink | suggest removal )
create (anonymous) says...
Leave it to beavers.
Very clever, justthefacts. I love it.
July 25, 2009 at 9:12 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
Ward!
You were a little hard on the Beaver last night.
July 25, 2009 at 5:08 p.m. ( permalink | suggest removal )