Clay County sheriff issues statement on charges

HENRIETTA, Texas (KAUZ) - Clay County Sheriff Jeffrey Lyde shared a prepared statement from his attorney on his recent arrest for official oppression.

“These indictments are clearly politically motivated. It is clear they were handed down only after DA Hall stated that the actions of Sheriff Lyde in the two existing cases for official oppression, for allegedly detaining inmates in jail by delaying magistration, were not committed in Sheriff Lyde’s official capacity, but in his personal capacity, in an email dated November 9, 2022 (“As you are aware, the basis of Sheriff Lyde’s removal involves alleged criminal conduct. The claims against him allege actions outside of a public duty, or a failure to perform a public duty, rather than the performance of one. Thus, I believe it would raise constitutional concerns if Clay County were to agree to pay for Sheriff Lyde’s legal representation in this particular removal case.”). I immediately demanded the two existing official oppression cases be dismissed based on Hall’s admission the acts used to obtain the two indictments for official oppression were not official in nature. In response, DA’s Hall and Heatly apparently went back and found acts that were allegedly committed up to a year ago, that had never been the subject of a complaint, and obtained indictments. Going back, I note one case like this that I know of that has been filed as a criminal action (I admit there may be similar cases I am not aware of). While the Penal Code sets out sexual harassment as a crime, it is not commonly used to prosecute employers of “at-will” employees, who do not make immediate outcries or complaints, except for political or harassment related reasons. I find this pattern of behavior and willingness to use the District Attorney’s prosecution powers as a weapon to criminalize essentially any act in Clay County extremely concerning, as should the other employers and citizens of Clay County who could be next.”
Randall D. Moore Law Offices Of Randall D. Moore, P.L.L.C.

The statement comes after Lyde turned himself in on Monday around 7 p.m. on three charges of official oppression. He bailed out of the Clay County Jail shortly after.

At least two complaints have been filed against Lyde seeking to remove him from office. Clay County Judge Mike Campbell said there will be a hearing in about two weeks and the district court will decide if Lyde will be allowed to stay in office.

Campbell said the process to remove a sheriff is a civil lawsuit, and the district judge or a jury will decide if the sheriff should be removed.

Indictment documents released on Tuesday have revealed more details on why the indictments were issued. These can be found here.

Back in December of 2021, Lyde was also charged with official oppression in relation to a different incident. During a press conference, he claimed the county justice of the peace failed to magistrate two individuals within a 48-hour time period. The justice of the peace Lyde is referring to is John Swenson.

Lyde said that on Saturday, July 10, Sarah Johnson and Landon Goad were arrested and brought to jail for assault - family violence charges. Lyde said that same day, Swenson was notified about the arrest.

Swenson was reportedly then back at the jail on Sunday to magistrate two other people but not Johnson and Goad. Lyde said Swenson then came back on Monday, but again did not magistrate neither Johnson nor Goad once again. Lyde’s comments on these charges can be found here. Swenson was unseated in a runoff election against Lanny R. Evans in May 2022. Swenson told News Channel 6 there is no legal basis for Lyde’s accusations.

In October of 2022, Clay county commissioners met to remove the chair of the Clay County Memorial Hospital board. That position was held by Jeff Lyde. The hospital board was prepared to go through a full trial to get Lyde off the board, however the meeting ran short after he resigned. For more on that story, click here.

Copyright 2023 KAUZ. All rights reserved.