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Editor’s note: The Citizen’s initial online report incorrectly listed the charges as one Class A misdemeanor and two Class B misdemeanors.
COLUMBUS — Colorado County Justice of the Peace Precinct 3 Donald J. Clark has been indicted on three charges stemming from allegations he made false statements to law enforcement that led to a Columbus man’s arrest.
Clark turned himself in June 23 and was booked into the Colorado County Jail at 2 p.m. Officials said he later posted a $3,000 bond.
Clark was indicted on one count each of official oppression, failure to report to a peace officer and making a false report to induce an emergency response. The indictments were filed June 18 in the 25th state Judicial District Court under presiding Judge William D. “Bill” Old III.
The Texas Rangers led the investigation, and the Texas Attorney General’s Office will prosecute, officials said.
According to the indictments, on Feb. 18, Clark made a false report to 911 that led to the arrest of Bobby Lee Whisnant Jr. of Columbus.
“(The defendant) unlawfully with intent to deceive, (did) knowingly make…a false statement, namely that the defendant was threatened by Bobby Lee Whisnant Jr. and… the false statement led to the arrest,” an indictment reads.
Under state law, the false report charge arises when an individual acts recklessly and intentionally makes an untrue report prompting an emergency response from law enforcement or other first responders, knowing his or her report could cause bodily injury to another person.
Normally a Class A misdemeanor, the charge can be upgraded to a third-degree felony if the person falsifies a report about a criminal offense, but local officials declined to say which category the accusation falls under.
Official oppression, a Class A misdemeanor, is defined as when a public servant acting under the color of his or her office intentionally subjects a person to unlawful acts, denies their rights or commits sexual harassment.
Filing a false report in a criminal complaint to a police officer, federal investigator or other law-enforcement agent is a Class B misdemeanor in Texas.
Colorado County Attorney Jay Johannes said the three charges are being considered official misconduct. Clark has not been suspended from his duties, and officials have not clarified what will happen to the cases on his docket. According to state statutes, a district judge can remove a justice of the peace from office.
Old reported that Clark has a hearing set for August.
Clark, 60, was elected in 2022 and reelected in March.
In Texas, a justice of the peace hears minor civil suits, handles misdemeanor cases such as traffic infractions, can set bail, signs warrants, issues protective orders, performs weddings and serves as a coroner. A justice of the peace is not required to be a licensed attorney.
