Dateline: December 6, 2007

Jury indicts district judge on two counts   

District Judge David McCoy was suspended by state officials Friday after he was indicted on two charges by a Childress County Grand Jury last week.

According to documents from the Childress County Clerk’s office, McCoy is facing a second degree felony of Theft by a Public Servant and a third degree felony of Abuse of Official Capacity.

The indictments charge that McCoy between February 1, 2002, and June 30, 2005, did “unlawfully appropriate” money of $20,000 or more but less than $100,000 with the intent to deprive the 100th Judicial District Probation Office. The indictments also charge that McCoy between February 5, 2002, and May 18, 2006, did “intentionally and knowingly misuse government personnel,” namely county employees and items belonging to the government and that the value of the use of the thing or things was $20,000 or more but less than $100,000.

A call to the Childress County Sheriff’s Office was not returned this week, and District Attorney Stuart Messer could not be reached at his Clarendon office Monday afternoon or Tuesday morning.

Published reports say McCoy turned himself in Friday after being indicted Thursday. He was processed and released on two $5,000 personal recognizance bonds.

McCoy’s attorney, William E. Kelly, told Texas Lawyer magazine that the judge is alleged to have required a public employee to employ the judge’s wife, Janis, and further required this employee to take care of his wife. Kelly also told the magazine that these charges are “absolutely false.”

Local sources say Mrs. McCoy suffers from Lou Gehrig’s disease.

Retired judge John Forbis will preside as District Judge for the time being, and another judge will be appointed by the state to preside over McCoy’s case.