Seven years after first being accused of embezzling from the city, former Starkville Fire Chief Willie Johnson has lost another round in the fight to clear his name. The Mississippi Court of Appeals decided Oct. 8 to uphold his conviction on a charge of committing fraud while in public office. Johnson was convicted on Nov. 2, 2000, in Oktibbeha County Circuit Court. He was sentenced to a three years of probation and fined $500 plus court costs.
The charges stem from Johnson’s purchase of auto parts. The indictment filed against him alleged he used his position and $592 of city funds to purchase the parts. Johnson was accused of misleading the parts vendor by claiming the parts were for a city vehicle when, authorities say, he actually used the parts for a personal vehicle.
The former chief’s appeal argued the evidence in the case did not prove he intended to steal from the city. Johnson maintained that the shop owner, testifying at his trial, could not adequately recall their conversation about the parts.
Writing for the court, Appeals Judge Leslie Southwick answered that while the shop owner didn’t remember the conversation precisely, he did testify that Johnson indicated the parts were for a fire department vehicle.
Southwick said that while there was no direct testimony about Johnson’s intent, the jury heard sufficient evidence to believe a crime had been committed.
“There was also direct evidence … that Johnson had requested the parts, that he received them, that the city was charged for them and that they were to be used on a vehicle that at trial he claimed would have been for his daughter,” Southwick said.
The Starkville Board of Aldermen placed Johnson on administrative leave-without pay-one week after his conviction. The board voted to fire him in January 2001, ending his 25-year career with the Starkville Fire Department.
Johnson’s firing led to some controversy among Starkville aldermen. Ward 6 Alderman Roy A. Perkins said publicly that Johnson “has done an excellent job in providing first class leadership for the city … I felt he was wrongly terminated by the board … his fine leadership will be greatly missed.
Johnson responded to his firing in February 2001 by filing suit against the City of Starkville, the Board of Aldermen and Mayor Mack Rutledge. In court documents, Johnson sought to overturn the city’s action and have himself reinstated as fire chief. He also sought $33,000 in back pay for the period between September 1997 and October 2000. The former chief claimed that he was denied that amount in raises while he was on probation during the investigation. Court filings also sought $20,000 in punitive damages.
Johnson’s conviction also caused some strife along racial lines within city government. The former chief filed an official complaint with the U.S.Equal Employment Opportunity Commission alleging racial discrimination. His attorney, Chokwe Lumumba of Jackson, said racism was prevalent during Johnson’s trial and in actions taken by the Starkville Board of Aldermen. Lumumba accused District Attorney Forrest Allgood of racism and also raised concerns about the jury in the case. Only one juror was black.
Johnson’s firing left the city without a fire chief until November 2001, almost one year after his suspension. The Board of Aldermen voted to promote former Battalion Chief William Grantham to the top job and set a higher pay rate for the fire chief’s position. The city’s three battalion chiefs,reporting directly to Mayor Mack Rutledge, ran the fire department in the interim.
*Editor’s Note: The Associated Press contributed to this story.