Charges against Jeffrey Duane Herrick were dismissed this morning in Lyon County District Court, according to Lyon County Attorney Marc Goodman.
Herrick had been charged with presenting a false claim to the city of Emporia and with theft. Both charges were felonies, with values between $1,000 and $25,000.
Herrick was to have faced a preliminary hearing Wednesday morning. He was represented in the case by Emporia attorney Steve Atherton.
Goodman said the complaint had been dismissed without prejudice, meaning that it could be re-filed.
Herrick, the owner of Star Construction company, was charged in the same affidavit used in a similar case against former city engineer Keith Beatty. That complaint alleged official misconduct, presenting a false claim, and misuse of public funds.
The cases were investigated by the Kansas Bureau of Investigation.
Charges against Beatty were dismissed last week, after a preliminary hearing before Magistrate Judge Douglas Jones. Jones found that evidence against Beatty was insufficient to bring the case to trial.
Beatty and Herrick had been accused of felonies involving street work done for the city by Star Construction Company. Dowel baskets, which are used to stabilize the pavement, were to have been used as part of the contract for the project. The charges against Beatty and Herrick alleged that the dowel baskets were not used, but were billed to and paid for by the city of Emporia.
Beatty resigned as city engineer on March 10, 2008.
okjayhawk (anonymous) says...
This comment was removed by the site staff for violation of the usage agreement.
September 8, 2009 at 2:47 p.m. ( permalink )
Steve_Corbin (anonymous) says...
Boy that was a quick delete!
September 8, 2009 at 2:54 p.m. ( permalink | suggest removal )
madpoet (anonymous) says...
I figured this would happen when the charges against Beatty were dropped. We'll probably never know what really happened on the project.
September 8, 2009 at 2:59 p.m. ( permalink | suggest removal )
okjayhawk (anonymous) says...
Man, I guess. What I said was...ha! made you look!
Sounds like this should have been dropped awhile ago, none of this ever added up in the first place.
September 8, 2009 at 3:07 p.m. ( permalink | suggest removal )
be_fair (anonymous) says...
Now....... How does he get his good reputation back?!?
September 8, 2009 at 4:12 p.m. ( permalink | suggest removal )
truelovecharlie (anonymous) says...
Both these men will have on their record for all to see that ever do a background check on them, the fact they were charged with these crimes. Innocent until proven guilty? I think not. I believe once you have been acquitted or charges dropped, it should be erased from your record. More and more places run background on people due to Patriot Act and anyone ever charged with any crimes will show, raising red flags to any potential employers.
September 8, 2009 at 5:11 p.m. ( permalink | suggest removal )
reddog (K. B. Thomas Jr.) says...
Will Rogers said, Government investigations have always contributed more to our amusement than they have to our knowledge.
September 8, 2009 at 5:43 p.m. ( permalink | suggest removal )
smogman (anonymous) says...
Just wish my taxes were not wasted on this witch hunt , must have been a slow day at the KBI.
September 8, 2009 at 6:57 p.m. ( permalink | suggest removal )
Blue_Dog (anonymous) says...
Did I miss something wasn't the contractor paid for something he didn't do? Regardless of who knew about it. But I also think we have a city administration and county attorney playing games.
September 8, 2009 at 8:27 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
Good news. As others have said, he'll carry this with him on his record even though the charges should have never been filed.
September 8, 2009 at 11:10 p.m. ( permalink | suggest removal )
jacque461 (anonymous) says...
This whole thing stunk from the beginning. Charges should have never been brought up. Glad to hear the charges were dropped.
September 9, 2009 at 4:52 a.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
Can the Gazette check out and report on these questions?
1. How much has the county attorneys budget increased over the last 5 years?
2. How many posistions have been added to the staff during the last five years?
3. How many criminal complaints have been filed, prosecuted to a guilty verdict, dismissed, or plead down during the last five years?
I'm not attacking anyone, yet, just wondering if the taxpayer is getting their moneys worth.
September 9, 2009 at 8:42 a.m. ( permalink | suggest removal )
justthinkin (anonymous) says...
Steve - You should know better - the Gazette doesn't investigate - When was the last time they followed up on any of the requests made for investigation - I can't think of any.
September 9, 2009 at 10:25 a.m. ( permalink | suggest removal )
justthinkin (anonymous) says...
I am pleased that the charges were dropped against both of these men. However, besides the harm to their reputations, they both incurred legal fees - seems unfair, on top of Mr. Beatty basically forfeiting his job due to these false claims.
September 9, 2009 at 10:28 a.m. ( permalink | suggest removal )
okjayhawk (anonymous) says...
Blue Dog, I believe the charges were dropped because the contractor WASN'T paid for something he DIDN'T bill for. The County Attorney's office could not prove their case. And the only thing that saves face is it being dismissed without prejudice. Cheap shot, Asst. DA.
September 9, 2009 at 11:23 a.m. ( permalink | suggest removal )
hottopics (anonymous) says...
You would be enraged if you really knew how much money the Court abuses and wastes on BS charges. They charge first, ask questions later. The legal system has left a real bad taste in my own families mouths. Costing not only my family.....but the tax payers. Just to have it dismissed when it should have NEVER been filed in the first place.
September 9, 2009 at 4:07 p.m. ( permalink | suggest removal )
justthinkin (anonymous) says...
Bet you won't see this in the Gazette - I have it from a very good source that there will be NO lesser charges brought up against Beatty - All charges against him were dropped as well - but, as I said, the Gazette most likely won't report that.
September 9, 2009 at 7 p.m. ( permalink | suggest removal )
Blackshirt (anonymous) says...
hottopics: The Court doesn't bring the charges, they are simply the mechanism for dealing with the charges. Just FYI...
September 9, 2009 at 8:49 p.m. ( permalink | suggest removal )
homewrecker (anonymous) says...
makes me want to get in the concrete business so i can charge the city for work and supplies that was not used and get paid for it. No wonder he got so big so fast.
September 9, 2009 at 10:40 p.m. ( permalink | suggest removal )
kaylees_nana (anonymous) says...
I wonder who the subject of the next witch hunt will be.
I assume it will be someone who doesn't kiss the city manager's rear end enough. It is too bad that these 2 men will have to carry these bogus charges with them now.
September 9, 2009 at 10:48 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
You'd could never make it work hw, you need a strong backbone to do concrete work.
September 9, 2009 at 10:50 p.m. ( permalink | suggest removal )
okjayhawk (anonymous) says...
homewrecker, doesn't sound like to me you have the intelligence to run a business. probably one reason of many your login is "homewrecker". it's hard for some simple minds to accept when someone else runs a profitable company on good character and quality work...the reason "he got so big so fast."
September 10, 2009 at 9:24 a.m. ( permalink | suggest removal )
Blue_Dog (anonymous) says...
okjayhawk, I did check the story and yes he did charge for material not used and was paid for materials not used. What I also saw was that the witness said it was done the same as another street. Which means he charged and was paid for at least 2 jobs not done to specs.
But as in my previous post I agree someone is playing games in the city and county legal departments.
September 10, 2009 at 4:44 p.m. ( permalink | suggest removal )
homewrecker (anonymous) says...
okjayhawk you call charging for work done and not using materials required good character, what a JOKE!
September 10, 2009 at 9:40 p.m. ( permalink | suggest removal )
electric1 (anonymous) says...
Have any of you actually read the specifications or seen the plan drawings, that call for the dowel baskets in 6" concrete pavement? If it is not in the plans, specifications, or a line item on the bid form, then how did Star Construction charge for something they did not provide?
September 10, 2009 at 10:26 p.m. ( permalink | suggest removal )
okjayhawk (anonymous) says...
homewrecker, you are way too thick. Star Construction didn't charge the city for the dowel baskets and, in turn, did not accept payment for them. That's why the charges were dropped. My understanding is that dowel baskets aren't even required in 6" paving. Who's the JOKE now?
September 11, 2009 at 8:12 a.m. ( permalink | suggest removal )
okjayhawk (anonymous) says...
blue-dog...you actually saw the billing statements? Weird, you must have some great connections in the DA's office.
September 11, 2009 at 8:13 a.m. ( permalink | suggest removal )
toninj (anonymous) says...
Blackshirt~ I believe hottopics is referring to the County Attorney's office as the court. If that is the case then they are accurate and you are wrong. Law enforcement simply does the investigation and presents the finding to the attorney's office. It is then up to the attorney's office as to filing the charges.
This case along with many others should make the people in this community eager to elect someone else when the CA position is up for election next. Funds are wasted in our county offices and it is time for some change!
September 11, 2009 at 4:32 p.m. ( permalink | suggest removal )