Brown County Commissioner Wayne Shaw was found not guilty by a jury of the 35th District Court Wednesday afternoon on the charge of felony theft. Shaw was indicted on 3rd Degree Felony Theft by a Brown County Grand Jury in July of 2014.
The indictment states that Shaw, on or about April 30, 2014 unlawfully appropriated , by acquiring or otherwise exercising control over, county owned gravel valued at more than $1500 and less than $20,000 without the effective consent of the owner and with intent to deprive the owner of the property.
Visiting Judge Jim Rex of Andrews, Texas presided over the trial which began on Tuesday afternoon, February 10th. Heath Hemphill of Coleman County served as the special prosecutor. Shaw was represented by criminal defense attorney Terry W. Yates of Bellaire, Texas.The case was based on an incident where Shaw had given permission to nearby landowners to take gravel that had been used for repair work on County Roads 351, 352 and 310 in Precinct 3. The defense maintained that the gravel was of a minimal amount and was basically of no value having been contaminated and not able to be used for paving, and that the landowners hauling off the gravel actually saved the county the cost of removal. The State presented a case representing that the gravel was a measureable amount that had value and that Shaw had given away county property improperly.
The jury deliberated for approximately one hour before returning the not guilty verdict.
