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McCarty Sentenced

We have the final word from the 75th District Court - Liberty County Pct. 1 Commissioner Mike McCarty will be allowed to continue serving in that position while he appeals his conviction on two Class B Misdemeanor charges of Abuse of Official Capacity.  As we’ve reported, Commissioner McCarty was convicted, by a jury, Friday evening. Sentencing was early Monday afternoon in the 75th District Court on the third floor of the LibertyCountyCourthouse. Visiting Judge Joe Ned Dean sentenced Mike McCarty to six months in the county jail but probated, or suspended that punishment, for two years. The judge also fined Mr. McCarty $2,000. On Abuse of Official Capacity convictions, Texas law requires removal from office. However, in this case, defense attorneys filed a Notice of Appeal. Once that takes place, it’s up to the judge whether or not to suspend that required removal during the appeals process. The special prosecutor, who is from Polk County District Attorney Lee Hon said time will tell the wisdom of that decision allowing Commissioner McCarty to continue serving in office.  So, after being convicted Friday of two Class B Misdemeanor counts of Abuse of Official Capacity, CountyCommissionerPct. 1 Mike McCarty was sentenced Monday afternoon. Again, McCarty was given six months in the county jail, but that sentence was probated or suspended for two years. The judge also fined Mr. McCarty $2,000. While state law requires a person convicted of Abuse of Official Capacity be removed from office, the judge suspended that order after McCarty’s defense attorneys filed a notice of appeal. We are told the appeals process generally takes six months to two years. In the meantime, Commissioner McCarty will continue to serve in his elected position that pays $68,000 a year plus an additional $15,800 auto allowance. Judge Dean admonished McCarty to be on his best behavior, cooperate with other commissioners, and follow the letter of the law. 

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