WEST POINT — A not-guilty verdict in the trial of one of West Point”s Water and Light Department heads has sparked allegations of favoritism.
Ward 5 Selectman Jasper Pittman says Shasta Plunkett”s trial on a charge of disturbing the peace wasn”t fair because Plunkett is personal friends with Municipal Court Judge Mark Cliett, who presided over the case.
“The decision was unfair. The judge and Shasta is real close friends. I think the judge should have removed himself from this trial given the closeness he and Shasta had,” said Pittman. “It wasn”t honest at all. This is a small town. Everyone knows who”s friends with who. They”re hang-out buddies. Him, the mayor (Scott Ross), the city administrator (Randy Jones), too. All of them.”
Marvin Jefferson, the former West Point Public Works employee who brought the charges against Plunkett, levied the same accusation at Plunkett and Cliett.
“The judge and (Plunkett) know each other pretty good,” said Jefferson. “If it wasn”t for all the buddy-buddy stuff it would have been a lot different.”
Cliett could not be reached by telephone for comment, Monday. Plunkett referred all inquiries to the court report.
“I”m not going to comment on all that stuff. The court system said I”m not guilty,” Plunkett said, when asked about the allegations.
West Point Mayor Scott Ross admitted to being on personal terms with Cliett, Plunkett and his attorney, Rod Ray, and Jefferson.
“I”m friends with everybody that”s involved in it. I purposely stayed away from it,” he said.
The city”s chief administrative officer, Randy Jones, reached on vacation in Arizona, said his relationships with Plunkett, Cliett and Ross are strictly professional.
“We all know each other. We work together. We don”t typically socialize. I don”t think I”ve ever done any socializing at all with Shasta,” offered Jones, who said the accusation amounts to little more than bitterness.
“When you don”t get your way, typically, the first thing you do is cast dispersions,” said Jones.
The charges against Plunkett stem from an incident in the early morning of Oct. 2 at a Soco gas station on Highway 45 Alternate in West Point.
Jefferson was ordering food in the store when Plunkett entered coincidentally. Recognizing Jefferson, Plunkett questioned him regarding an outstanding bill.
According to Jefferson, Plunkett refused to end his line of questioning after Jefferson offered to meet with Plunkett at the Water and Light Department the following Monday. Jefferson said Plunkett raised his voice, but used no profanity or intimidation.
“He was determined. (Plunkett said) ”Nah, bud, we”re going to sit down and talk about this now,”” said Jefferson.
Jefferson said he then became frustrated and left the store. Plunkett did not follow him or attempt to stop him.
“He knows he broke the law,” said Jefferson of Plunkett. “It”s disturbing the peace and harassment if I tell you to leave me alone and you continue to bother me.”
Jefferson filed an affidavit with the West Point Police Department accusing Plunkett of harassment Oct. 5.
Ray said witness testimony told a different story. Jefferson was flirting with a female server at Soco when Plunkett interrupted him and brought up the issue of the unpaid bill, Ray said. The bill allegedly was in Jefferson”s name at a girlfriend”s house.
According to Ray, Cliett took thorough notes during witness testimony and determined no crime had been committed. Jefferson admitted while on the stand Plunkett never touched him or verbally abused him, but simply “disrespected him,” Ray noted.
West Point City Prosecutor Angela Turner-Lairy confirmed Cliett”s rationale.
“Based on what the judge heard, he did not think Mr. Plunkett”s conduct rose to criminal. He did not get the impression Mr. Plunkett was trying to start a fight,” said Turner-Lairy.
Jones does not plan to pursue punitive action against Plunkett, but the Board of Selectmen may summon Plunkett to explain his behavior.
“I”m not sure, but I would say that”s probably a good possibility,” said Ward 1 Selectman Rod Bobo of Plunkett being questioned by the board.
The timing of Plunkett”s conversation with Jefferson may be an issue. In an Oct. 9 report, Jones said Plunkett would not be punished because the incident did not take place on city time. However, Ward 3 Selectman Charles Collins said, according to a city time sheet, Plunkett was on call for the week of Sept. 25-Oct. 2.
“He received eight (additional) hours of pay that week for being on standby. He was acting as a lineman, not as a debt collector. His job that night would have been to assist in any trouble calls concerning a power outage,” said Collins.
Furthermore, Collins cited the Federal Trade Commission”s Fair Debt Collection Practices Act as forbidding debt collection after 9 p.m. or at any location “inconvenient to the consumer.”
“We need to revisit the fact that (Plunkett) might have violated federal laws. That might lead to a legal issue at a later date,” said Collins.
Jason Browne was previously a reporter for The Dispatch.
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