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COLUMBUS — Newly released records from the Texas Attorney General’s Office provide additional details into the probe leading to the indictment of a local judicial official accused of misconduct.
Colorado County Justice of the Peace Precinct 3 Donald Clark has been charged in an indictment on one count each of official oppression, false report to a peace officer and making a false report to induce an emergency response, all misdemeanors.
An indictment is a formal determination by a grand jury that enough evidence exists to charge a person with a crime, but is not a finding of guilt or not guilty, which is determined by a judge or jury in a trial or plea deal.
According to a report from the Texas Department of Public Safety, the investigation began after the Columbus Police Department identified “discrepancies” between Clark’s written statement and audio and video evidence related to a Feb. 18 incident.
The department then notified the Colorado County Attorney’s Office, which requested an investigation by the Texas Rangers. The Rangers, a division of DPS, are often tasked with investigating political figures. Texas Ranger Cody Rogers of Company A conducted the inquiry.
Clark turned himself in to the Colorado County Jail on June 23 after a grand jury handed up an indictment June 18.
Clark has not been suspended from his office, according to the district clerk.
The indictment alleges Clark made a false report to 911 on Feb. 18, leading to the arrest of Columbus resident Bobby Lee Whisnant Jr. Information obtained through an open-records request indicates Whisnant was arrested for breach of the peace/disorderly conduct.
Court records also show Colorado County Attorney Jay Johannes requested to recuse himself from the case, citing conflicts of interest. State District Judge William D. Old III granted the request and Assistant Attorney General Dorian Cotler is now assigned to the prosecution, officials said.
According to court records, Clark is scheduled to make his first court appearance at 9 a.m. July 15 in the Colorado County Courthouse at 400 Spring St.
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.
