Bennie Fuelberg

[tarheel]

A state district judge tonight sentenced former Pedernales Electric Cooperative General Manager Bennie Fuelberg to five years probation, 300 days in jail, 1,000 hours of community service, and $126,000 in restitution.

The restitution will be paid to former co-op law firm Clark Thomas and Winters and their insurance company.

Sounds a little bit like Bennie got a slap on the wrist, the lawyers got the money, and we got ........

[freedom]

A state district judge tonight sentenced former Pedernales Electric Cooperative General Manager Bennie Fuelberg to five years probation, 300 days in jail, 1,000 hours of community service, and $126,000 in restitution.

The restitution will be paid to former co-op law firm Clark Thomas and Winters and their insurance company.

Sounds a little bit like Bennie got a slap on the wrist, the lawyers got the money, and we got ........

What a sorry joke played on the people, the judge was bought off. :banghead:

[Caretaker]

Benny,benny, benny goes to jail ail.
And Oh it seems so wondeful ya know he will be serving time.
Ba ba Ba Benny Goes to Jail.

[PrestonKirk]

As a former investigative journalist and a PEC member for almost 20 years, as well as an interested observer of the unfolding drama of hijinks, chicanery, insider theft, poor management and unprofessional conduct by lawyers, I am thoroughly dismayed. I would have said "SHOCKED," but it might have been taken as a pun. Where is the American and Texas Bar Associations. I believe a few corporate lawyers also should be held accountable, and not just in $$$ restitution. They need to be DISBARRED!

30 years of wrongdoing reaps rewards for Benny, his family and cronies and repeatedly shortchanges Co-Op members. Meanwhile, a kid who makes a mistake robbing someone gets 30 years in prison. Call it the "Texas Two-Step." if you've lived long enough to experience Texas politics and Texas justice, you know what I mean. It is more of a "sidestep." I think the SYSTEM, including the JUDGE, if elected, should be held accountable, the former needing REFORM and the latter needing censure for poor judgement, if not outright investigation himself.

This long-term malfeasance and "ignorance" of fiduciary duty, however, has put a brighter light on Electric Co-ops statewide. For that we need to thank Sen. Fraser, and a handful of other individual citizens who spent time, money and energy when PEC pushed back. And I include the Austin American-Statesman and reporterClaudia Grisales and other reporters for their constant pushing, complaining and probing that finally got a few of the snakes out from under the rock. We all still need to tread carefully, since there are plenty of snakes yet in the grass.

Preston F. Kirk, Spicewood TX
(Formerly with United Press Int'l/Houston; a Founding Editor of Houston Business Journal, Texas Business Magazine, Dollar Dynamics Newsletter)

[JudgeGil]

What a sorry joke played on the people, the judge was bought off. :banghead:
I tried my best to "mind my own business" but simply cannot do that in this instance.

"Freedom" and Preston (at least you have the guts to sign your real name), you both owe an apology, publicly and personally, to the judge in the Fuelburg case.

That was Judge Dan Mills (424th District Court) and let me tell you some FACTS -- which are clear and will not confuse you.

FIRST, the JURY assessed the punishment in the case. The jury found him guilty on three separate counts and assessed 10 years confinement on each count which, if not probated, would by law run concurrently. The JURY then "recommended" probation, but what that means under the law is that the judge then SHALL put him on probation.

SECOND, that being the case the judge then simply sets the terms and conditions of probation. Judge Mills put him on probation for five years on each count which, again, by law run concurrently.

THIRD, one option in addition to the usual terms and conditions of probation that a judge has in this instance is to order a period of confinement for not more than 180 days in either the jail or to an Intermediate Sanction Facility. However, where a defendant is convicted on multiple counts, that incarceration can be "stacked" so that up to 180 days can be ordered on EACH count. In this case the maximum by law was 540 days and the judge gave him 300. I have not inquired of Judge Mills, but I suspect he did not use the maximum days because we typically like to keep some in "reserve" for possible later sanctions in the event of minor problems during the period of probation.

FOURTH, the 300 days will be served in 30 days periods, twice a year, for five years.

FIFTH, in the event the defendant violates his probation, he can then be sentenced to up to the full 10 years in TDCJ in accordance with the jury's punishment verdict.

As I said, you really do owe Judge Mills an apology for stating (was not simply mere insinuation) that he was "bought off." And "Freedom" I personally don't want to hear more out of you unless you are man/woman enough to give your name.

Gil Jones, Judge
33rd District Court

[PrestonKirk]

All -- The Forum owes Honorable Dist. Court Judge Gil Jones a sincere thank you for taking time to explain the sentencing process in such vivid detail and with reasoning. And I, for one, personally thank you, Judge Jones, for your experienced insights from the bench.

I'll take no credit for saying that Hon. Dist. Court Judge Dan Mills was "bought off." Without knowing how the jury's decisions had bound him, I did question the apparent lack of harshness over what appears to have been decades of (Fuelberg's) self-serving actions, lack of pro. judgment and ignorance of fiduciary duty.

When the public sees much harsher penalties handed down to individuals -- regardless of their community standing and socio-economic level -- for, shall we say, "less rewarding" and much briefer indiscretions and wrong-doings, then the "Judicial System" or the arbiters of sentencing, in (only) my opinion, need out-right "fixing" or significant modification at least. The impression imparted to the citizenry is that "white collar crime pay...better."

With new knowledge now in hand, thanks to Judge Jones, I publicly apologize to Judge Dan Mills, if my comments were perceived as accusatory of wrong-doing. That was not my intent. My intent was to draw attention that a person who "mugs" an individual for his wallet often gets many years of incarceration. A man -- with the cooperation of lawyers it seems -- "mugs tens of thousands of people for years on end -- and waltzes away with a seemingly lighter punishment. In the wake of the explanations, perhaps, the Jury's conclusions and actions should also be examined more closely. Indeed, it was a complicated case, and their service was surely appreciated.

So, no personal apology, Gil, from me to Judge Mills, but certainly more respect for the "letter of the law" and "the robe itself." I do dearly hope that Mr. Fuelberg stubs his toe sometime in the next five years, if due to his current age he lives (actuarily speaking) long enough to actually "serve" the 300 days

Sixty days per year in 30-day periods in a jail or an I-S-F, eh? B. Fuelberg may not like the orange jumpsuit and the cuisine will be much to his disliking, I suspect. But outside of job details like washing official vehicles, or at the I-S-F washing laundry and windows, he'll have time to write his memories, to read more of his personal library. Isn't about 8 1/2 weeks a year what a 30-year exec would have coming in vacation time? Introspection, perhaps. But doubtful.

And finally, those among his relatives and cohorts who also allegedly profited from his wrong-doing, should visit him regularly during his "unfortunate sabbaticals" from a free and unfettered life. As for those in the legal profession who simply paid fines or restitution (from insurance coverages?), I'm still wondering if the State and National Bar Assns. will deal with them.

On balance, I still believe: Arma potentius aequum .

Preston F. Kirk, Spicewood

[tarheel]

JudgeGil and PrestonKirk, a well-done to you both. As for my own post, in no way did I imply that the Judge in the case (who I did not name) was at fault in any way. What I did imply is that I, and many, many others, are sick and tired of people abusing the public trust and then getting little more than a hand slap from the justice system. What I said was that he got a slap on the wrist (he did), the lawyers got the money (they did), and the rest of us will pay for it (which we will).

[tonigking]

So I have to ask why the kid glove treatment?

300 consecutive days in the regular slammer might have made an impression on the evil man who so blatantly ripped us off for so long.

It is still special treatment of an otherwise rotten criminal. I don't get it... just sayin!:(

[Peaches]

So I have to ask why the kid glove treatment?

300 consecutive days in the regular slammer might have made an impression on the evil man who so blatantly ripped us off for so long.

It is still special treatment of an otherwise rotten criminal. I don't get it... just sayin!:(

Toni! Seriously! Would YOU want to be this man, going to jail for 30 days twice a year in Burnet County with people he probably stole money from? Each time he goes back, he'll be "meeting" new people who weren't there before.

I kinda like this means of punishment for a guy who only got "probation" from the jury.

[JudgeGil]

So I have to ask why the kid glove treatment?

300 consecutive days in the regular slammer might have made an impression on the evil man who so blatantly ripped us off for so long.

It is still special treatment of an otherwise rotten criminal. I don't get it... just sayin!:(

Toni, please go back and re-read my posting. It is not 300 consecutive days, but 30 at at time, twice yearly, for five years. AND, it's in the BLANCO County jail, not Burnet.

[JudgeGil]

Good for you, Preston. I know Judge Mills will appreciate it and I certainly do. I knew you to be a more rational and fair man than you "excited" initial post might have reflected. Best wishes.

[Reapp]

I think this issue is dead, move on folks.