Humphrey indicted for misuse of city funds

He apparently was in the process of accepting a plea bargain that would have seen him sentenced to pre-trial diversion if he agreed to plead guilty to the offense and reimburse Doucet his attorney fees.

Doucet said Humphrey raised the water rate at his RV park from $100 per month to $700 per month in November 2021. Doucet said he asked Humphrey to provide him with the city ordinance that allowed the city to raise the water rates by 600% but he said Humphrey didn’t and wouldn’t produce the ordinance.

Four months later, Doucet said was forced to hire an attorney to seek the ordinance through the Texas Public Information Act.

If Humphrey couldn’t provide the ordinance, it would be proof that he didn’t have authority to raise Doucet’s water rate, the businessman told The Herald.

Doucet and his attorney said Humphrey failed to respond to the TPIA request.

Humphrey’s attorney then filed a complaint with the Texas Attorney General, who notified Humphrey in writing that he had to provide the documents requested or seek an attorney general’s opinion on the matter. In any case, the attorney general’s office asked Humphrey to respond to its letter.

Humphrey didn’t do anything the AG requested, which resulted in an investigation by Middleton’s office and the subsequent grand jury indictment in December 2022.

He was charged with a Class B misdemeanor offense of failing or refusing to turn over public records as required by law. Although a misdemeanor offense, the matter was presented to a grand jury and will be tried in a district court because Humphrey was an elected official.

A Class B misdemeanor is punishable by up to six months in jail and a $2,000 fine.

Doucet told The Herald that Humphrey and his attorney attempted to settle the matter last summer by reimbursing him.

“The day before he was supposed to go to court, Mr. Humphrey and his attorney went to the DA’s office and attempted to give the prosecutor a check for just over $9,000,” Doucet recalled.

“The prosecutor asked Mr. Humphrey if he had the authority to write the check, and he said yes. She then asked him if he had to have permission from the city council to write the check, and he said no.”

The assistant district attorney prosecuting the case refused to accept the check, Doucet told The Herald.

It turns out that Humphrey did have to get permission from the council before writing the check.

One city council member told The Herald that the mayor only has the authority to write checks for amounts less than $500. Any checks for larger amounts must be authorized by the council first, the council member explained.

Humphrey already has used city funds to pay his own attorney fees.

He paid his attorney $10,000 in 2023 to represent him in his criminal case.

Although he is using city tax dollars to pay his attorney fees, Humphrey has steadfastly refused to discuss his criminal indictments with the city council.

After Humphrey attempted to pay Doucet’s attorney fees with a check drawn on the city’s checking account without permission, the prosecutor pulled the plug on the plea agreement, Doucet said.

“She told me she then took the plea bargain off the table,” Doucet recalled.

Humphrey was also indicted on a Class A misdemeanor offense of abuse of official capacity, punishable by up to one year in jail and a $4,000 fine.

Earlier this month, Humphrey was re-indicted on both charges to include “official misconduct.”

If he is convicted of either misdemeanor offense or the state jail felony he must step down as mayor.