Friday, October 11, 2024

BIG MONEY BEHIND SHADY SHERIFF CANDIDATE

Tilman Fertitta, Tony Buzbee bankroll Galveston County sheriff candidate who could soon lose his badge

Jimmy Fullen, the Republican nominee for Galveston County sheriff accused of being untruthful about his background, has received financial backing from influential donors such as Rockets owner Tilman Fertitta, Lt. Gov. Dan Patrick and Houston attorney Tony Buzbee. 

 

Houston Chronicle

Oct 10, 2024 

 

Galveston County sheriff candidate Jimmy Fullen


High-profile figures like Rockets owner Tilman Fertitta, Lt. Gov. Dan Patrick and Houston attorney Tony Buzbee are rallying behind a Galveston sheriff’s candidate who could lose his law enforcement officer’s license within two months of election and be forced out of office.

Armed with an outsized war chest and a promise to “fight back against the liberal agenda,” Jimmy Fullen, a former Galveston County constable, defeated his opponent Ray Nolen, 57% to 43%, in the March primary, positioning him as the likely next sheriff in the Republican stronghold. 

That prospect, however, was thrown into jeopardy when the executive director of the Texas Commission on Law Enforcement, the regulatory agency overseeing all officers in the state, recommended revoking Fullen’s license in June.

The TCOLE letter claims that on two occasions Fullen was untruthful in official documents about past incidents that cast him in a negative light, including being arrested twice, terminated from a job, disciplined at work and accused of discrimination. The Houston Chronicle independently confirmed these discrepancies based on records from Fullen’s former employers and other agencies.

Fullen has since appealed the petition to revoke his license, and state regulators have scheduled an eight-hour hearing in January to make a final determination. 

Under Texas law, losing his license would disqualify Fullen from serving as sheriff, even if he has already won the election and been sworn into office. The looming uncertainty, however, has not deterred some of Texas' most influential figures, along with a broad coalition of local Republican elected officials, from doubling down on their support for the Galveston candidate.

Fullen said his legal team has advised him not to discuss the specifics of the allegations against him, as the case is still ongoing. He argued his broad appeal stems from his decades of service in law enforcement and active involvement in civic organizations, which has persuaded his supporters to overlook the two misdemeanor assault charges he faced in the 1980s.

“Fortunately for me, the citizens of Galveston do not and have not judged or held against me, incidents that occurred nearly forty-two years ago,” Fullen said in a statement, adding that residents value his “steadfast stance on always doing the right thing and not necessarily the most popular or politically correct.”

At the same time, local powerbrokers’ unwavering support for Fullen has raised alarms among some political experts, law enforcement professionals and critics of the GOP sheriff candidate. 

Nolen, who has repeatedly questioned Fullen's fitness for office since the TCOLE controversy, said his candidacy reflects a culture of insider politics in Galveston County, where knowing and pleasing the right people can help secure an election.

“It’s called the ‘Galveston County cabal,’” Nolen said. “This cabal – they stick together; they endorse each other; they support one another. And if you're going against the cabal, then God be with you.”

For Brandon Rottinghaus, a political science professor at the University of Houston, Fullen’s continued popularity reflects a broader trend in state and national politics, where scandals are increasingly overlooked by both voters and politicians.

He cautioned that a lack of accountability at the ballot box could mean “you also might have that kind of scandal repeat itself in the future.” 

Fullen’s past re-emerges 

A Galveston County native, Fullen, 60, began his law enforcement career in 1987 as a patrolman at the Electra Police Department and has since served at eight agencies in the region.

In 2016, he was elected Precinct 2 constable, where he sought to build a reputation for championing state GOP priorities. When Gov. Greg Abbott launched his Operation Lone Star border security initiative in 2021, Fullen traveled hundreds of miles to the U.S.-Mexican border more than 20 times to assist with enforcement efforts, according to his campaign website.

In early 2023, Fullen resigned as constable to run for sheriff. While he has touted a strong law-and-order platform and record, his critics have pointed to his own brushes with the law as evidence he is unqualified to be sheriff.

At 18, Fullen was charged with two counts of assault causing bodily injury and one count of criminal mischief after allegedly hitting someone with a baseball bat, according to records from the Galveston Police Department. The following year, he was arrested again, this time for allegedly punching a manager while working at Kroger. The Galveston County Clerk’s Office reported that records showing the outcomes of both cases could not be found, suggesting that the misdemeanor charges may have been expunged.

Fullen previously told the Galveston County Daily News that the incidents happened decades ago and should not disqualify him for sheriff. Joe Giusti, the retired Galveston officer who arrested Fullen in 1982, also spoke in support of Fullen.

“He was a kid, and I was pretty young myself at the time. If I remember right, it was just a little warrant that came out,” Giusti told the Chronicle. Giusti, now Galveston County’s Precinct 2 commissioner, has donated over $35,000 to Fullen’s campaign. Giusti is also the former director of security for Landry’s, the entertainment empire owned by Fertitta.

What Fullen and Giusti dismissed as distant history posed a new – and more immediate – threat to his candidacy when public records revealed that Fullen failed to disclose the arrests in personal history statements filed with at least two former employers, the Texas City Police Department and Precinct 2 Constable’s Office.

On these same forms, Fullen also did not disclose, when prompted, other past instances that could reflect poorly on him, court records and documents from Fullen’s former employers show. These include being terminated by at least two law enforcement agencies, facing accusations of racial discrimination as chief of police at the Galveston Independent School District, and being disciplined and receiving multiple written complaints throughout his career.

Moreover, Fullen answered “no” when the forms asked if he had been involved in any civil lawsuit. Court records show he sued his former employer, Galveston ISD, in 2007, after then-Superintendent Lynn Hale terminated him upon discovering he had not completed the required training to serve as chief of police. Fullen alleged reverse racism and retaliation in the lawsuit, but the judge dismissed the case, noting he was not qualified for the job and his permanent replacement was also a white man.

Making false statements or omitting key information on personal history statements violates TCOLE's standards and is grounds for revoking an officer's license, the commission’s executive director, Gregory Stevens, wrote in his petition to recommend revoking Fullen’s license. 

Fullen’s two personal history statements are not the only instances in which he made statements that conflict with facts.

On a 2005 job application form obtained from Texas City via a records request, Fullen said he left the Electra Police Department because he "relocated to Galveston." But records from Electra tell a different story: then-Chief of Police Scott Burton terminated Fullen in 1989 after receiving repeated complaints that Fullen spent work hours loitering at a local store, neglecting his duties. 

Burton described Fullen’s behavior as "unprofessional" and "unbecoming to a public servant.” Although Fullen tried to resign to avoid having a termination on his record, Burton insisted on moving forward with the termination, explaining he could not allow a resignation without the county commissioner’s approval, internal memos show.

Fullen also appears to have mischaracterized his departure from Electra during official court proceedings. In 2007, while testifying in his lawsuit against Galveston ISD, Fullen was asked “Did anyone at the City of Electra, either the chief or any other supervisor, request that you leave the employment of City of Electra?" Fullen answered, "No."

The candidate declined to comment on any of the above discrepancies, saying he does not want to litigate his case through the media and will focus instead on the upcoming hearing.

“As you know, this is an ongoing administrative hearing and me and my legal team have worked diligently with TCOLE staff attorneys to assure that timelines are met and we’re in compliance with the orders of the Magistrate overseeing the administrative hearing,” he said in a statement. “At this point, I’ve been advised to not discuss or put my case on public trial."

While being mistaken about a past incident might be understandable, a repeated pattern of allegedly untrue statements – including under sworn testimony – raises serious questions for any law enforcement officer, let alone a prospective sheriff, according to Jay Coons, a criminal justice professor at Sam Houston State University who served over three decades at the Harris County Sheriff’s Office.

“People have been fined or lost their liberty based solely on a police officer's word,” Coons said. “When it's shown this individual is knowingly being untruthful or deceptive, that reflects on their character. And a lot of times, the only thing that a police officer has on the witness stand is their character.”

Donors jump to Fullen's defense

Fertitta, the Galveston-born billionaire, dismissed the accusations against Fullen as political attacks, saying the aspiring sheriff’s longstanding relationship with the Fertitta family has convinced him of the candidate’s character. 

“For many years, Jimmy Fullen, along with many other local law enforcement officers, has loyally served our family through various security roles at our hotels in Galveston,” Fertitta told the Chronicle. “Throughout this time, we have come to regard Jimmy as one of the most ethical public servants we’ve ever had.”

Over the past five years, Fertitta and his ex-wife Paige bankrolled Fullen’s political endeavors with $44,000 in donations, as well as a pledge to contribute $125,000 in the future, according to campaign finance reports. His son Blake Fertitta and several top executives of Landry’s also helped finance Fullen’s sheriff’s campaign.

Buzbee, known for representing high-profile clients such as Attorney General Ken Paxton, echoed Fertitta’s sentiment. He said he and his wife, Frances, donated $10,000 to Fullen because of his trustworthy reputation within their circle.

“If I needed advice of something to do with law enforcement – and I think a lot of people feel this way – he's one of the first people I would call,” Buzbee said. 

Meanwhile, Fullen’s Facebook page continues to display new photos with state GOP leaders such as Patrick, U.S. Sen. Ted Cruz and state Sen. Mayes Middleton. Both Patrick and Middleton have endorsed Fullen and donated to his campaign.

Galveston County GOP Chair Pat McGinnis also spoke in the candidate’s defense. Fullen “has full legal rights and due process to appeal this recommendation,” McGinnis said in a statement. 

And while the legal process plays out, McGinnis said, “My job and the job of the Galveston County Republican Party is straightforward: to elect our Republican candidates from the top to the bottom of the ballot.” 

A costly Galveston race

TCOLE launched its investigation into Fullen’s background late last year after receiving a complaint in October from Kenneth Williams, a retired Galveston County sheriff's sergeant, alleging that Fullen had failed to complete some required training and forms to maintain his license, according to email records.

In the months that followed, Williams began gathering documents to support his claims that Fullen had been dishonest about his background, uncovering some of the same inconsistencies later identified by TCOLE. These documents have since been widely circulated online.

Despite the controversies, Fullen has excelled in his fundraising efforts. Since declaring his candidacy in February 2023, he has amassed over $650,000 in donations.

Among his donors are Galveston County Judge Mark Henry, League City Mayor Nick Long, Friendswood Mayor Mike Foreman, multiple Galveston County commissioners and constables, and numerous other local Republican leaders, business owners and industry leaders.

Nolen, by contrast, reported raising only around $165,000 during the primary. Mark Salinas, the Democratic candidate Fullen will face in the November general election, reported just about $9,000 in political contributions.

Salinas said if Fullen were to lead the sheriff’s office while his license is in question or revoked, it could jeopardize the agency’s relationship with federal and state task forces that share intelligence and could sow distrust within the department.

“It’s going to bring a dark cloud,” Salinas said.

Williams echoed Salinas' concerns, saying the outcome of the case could have real consequences for the nearly 500 officers at the sheriff’s office and the safety of over 350,000 Galveston County residents.

“It’s not going to be good for morale. It’s not going to be good for the citizens,” Williams said. “We will actually have a sheriff you cannot trust.”   

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