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LAW: CASE DECISIONS :
UNITED STATES: STATES: TEXAS :
LAW ENFORCEMENT :
WHISTLEBLOWING :
MEDICAL: MALPRACTICE:
Former Winkler Co. Sheriff Guilty On Six Counts 6/15/11
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Former Winkler Co. Sheriff Guilty On Six Counts 6/15/11
CBS7 News
June 15, 2011
KOSA TV
http://www.cbs7kosa.com/news/details.asp?ID=26464
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The now former Winkler County Sheriff Robert Roberts has learned his
sentence after being convicted on all six charges against him.
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Roberts was sentenced to four years felony probation on two counts each of
misuse of official information and retaliation.
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He will also serve 100 days in the Winkler County Jail and pay a $6,000
fine on four felony and two misdemeanor counts.
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The guilty charges stem from the case of former nurses Vicky Lynn Galle
and Anne Mitchell who were investigated by Sheriff Roberts after
anonymously reporting Dr. Rolando Arafiles to the Texas Medical Board.
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National Briefing | Southwest
Texas: Sheriff Guilty of Retaliating Against Nurses
By THE ASSOCIATED PRESS
Published: June 14, 2011
New York Times
http://www.nytimes.com/2011/06/15/us/15brfs-SHERIFFGUILT_BRF.html
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The nurses, who accused the doctor of endangering patients, were fired and
indicted for misusing official information. One was acquitted, and charges
were dropped against the other.
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West Texas sheriff guilty of retaliating against nurses; faces up to 10
years in prison
By Associated Press, Published: June 14
Washington Post
National
http://www.washingtonpost.com/national/west-texas-sheriff-guilty-of-
retaliating-against-nurses-faces-up-to-10-years-in-prison/
2011/06/14/AGqV0yUH_story.html
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A shorter URL for the above link:
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http://tinyurl.com/6ca48ca
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Associated Press
Texas sheriff guilty of retaliating against nurses
By BETSY BLANEY , 06.15.11, 09:05 AM EDT
Forbes
http://www.forbes.com/feeds/ap/2011/06/15/
business-us-nurses-retaliation_8517403.html
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A shorter URL for the above link:
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http://tinyurl.com/3ztbezy
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Winkler sheriff found guilty on all counts
Audrie Palmer
Posted: Tuesday, June 14, 2011 9:25 pm |
Updated: 10:58 pm, Tue Jun 14, 2011.
Midland Reporter-Telegram
My West Texas
http://www.mywesttexas.com/
article_d41a6c69-17b1-5ebf-9e38-8d4ac4993011.html
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A shorter URL for the above link:
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http://tinyurl.com/6y7mz53
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It took a Midland County jury two hours Tuesday to find Winkler County
Sheriff Robert L. Roberts Jr. guilty of four felonies and two misdemeanors
for his retaliation against whistle-blowing nurses.
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Roberts, 56, was sentenced to four years probation on each of the felonies
and also was ordered to serve 100 days in the Winkler County Jail -- a
facility he once ran.
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The third-degree felonies include two charges of retaliation and two
charges of misuse of official information.
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For the two class A misdemeanors of official oppression, Roberts will
serve 100 days in the same jail concurrently with the time for the
felonies. He also was ordered to pay a $1,000 fine for each of the
charges, for a total of $6,000.
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Last month, Roberts had elected to have the jury set his punishment if he
was found guilty, but after jurors returned with a guilty verdict at 1:42
p.m., he withdrew his decision. Instead he opted to be sentenced by
visiting Judge Robert Moore, of Big Spring.
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Prosecutors with the Texas Attorney General's Office recommended the
sentence Moore applied, and, as part of the agreement, Roberts waived his
right to appeal the court's decision and voluntarily surrendered his peace
officer's license.
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He could have faced between two and 10 years for each of the felony
charges and paid a fine up to $10,000, according to the Texas Penal Code.
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Because of his conviction, Roberts automatically will be removed as
sheriff, a position he has held for almost 20 years.
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Wednesday, June 15, 2011Last Update: 7:48 AM PT
Texas Sheriff Convicted of Official Repression
By DAVID LEE
Courthouse News Service
http://www.courthousenews.com/2011/06/15/37380.htm
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The nurses complained that Arafiles was endangering patients. They were
fired and then indicted "for alleged criminal conduct they did not
commit," the Texas attorney general said in a statement Tuesday.
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One nurse was acquitted and charges were dropped against the other.
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"Under Texas law, complaints filed against physicians with the Texas
Medical Board are confidential," the Attorney General's Office said in its
statement. "However, after Dr. Arafiles was notified about the complaints
filed against him, Sheriff Roberts requested copies of the confidential
complaints, which included the complainants' names."
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Former hospital administrator Stan Wiley pleaded guilty in March to
related charges. He admitted he improperly fired the nurses after they
filed the complaints. Wiley was sentenced to 30 days in the county jail in
a plea agreement.
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During Roberts' trial, Assistant Attorney General David Glickler told
jurors that Roberts had improperly shared the confidential complaints with
Arafiles and the hospital administrator. Then sheriff executed a search
warrant to get information stored on the nurses' computers and confirm
that they were the source of the confidential complaints.
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Veteran Texas Sheriff Sentenced To Jail In Nurse Retaliation Case
A veteran Texas sheriff will spend time behind bars and even more time on
probation after he was convicted Tuesday of retaliating against two nurses
who filed what was supposed to have been a confidential complaint with
state officials about a small town doctor.
KWTX TV
http://www.kwtx.com/home/headlines/123842324.html
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Authorities said that once Arafiles learned the medical board was looking
into a complaint filed against him, he went to Roberts and asked him to
investigate who sent the letter.
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Roberts was accused of asking for and getting the anonymous letter from
the Texas Medical Board and then using it to track down the nurses behind
the complaint.
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The letter was to have been used only in a criminal investigation of
Arafiles.
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Instead, prosecutors said, he shared the complaints with Arafiles and the
hospitals administrator.
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Later, prosecutors said, Roberts obtained a search warrant and found
information on the nurses computers that confirmed they were the source of
the confidential complaints.
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A prosecutor told jurors in closing arguments Tuesday that Roberts
investigation was "heinous" and clearly retaliatory.
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Defense attorneys, however, told jurors that prosecutors had not proven
Roberts knowingly and intentionally broke the law.
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Kermit Residents React to Roberts' Verdict
Nick Lawton
NewsWest 9
http://www.newswest9.com/story/14908862/
kermit-residents-react-to-roberts-verdict
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A shorter URL for the above link:
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http://tinyurl.com/42z29ed
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The Winkler County Sheriff's Department, Winkler County Memorial Hospital
and Kermit Police all declined to comment.
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For those who knew Roberts for years said the charges against him were
completely unlike him.
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"I've known him at least 15 years," Della Shackelford, a bookkeeper for
Robison, Johnston, and Patton in Kermit, said. "I've never known him to be
unprofessional. I have never known him to play favorites or to be
prejudiced in anyone's favor. I find that hard to believe that he wouldn't
be fair."
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snip
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But for residents in favor of the sentence, including the President of the
Board at Winkler County Memorial Hospital, who had been pursuing the
defense of the two nurses there since 2009, said they believe Roberts
should serve a harder sentence.
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"Finally, justice is getting done," Stefanie Haley, President of the
Hospital Board, said. "It's been going on so long, and no justice. I would
actually like to see Robert Roberts have to spend a little more time in
jail than a abbreviated 100 sentence."
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ROBERTS TRIAL DAY 7: Jury convicts, sheriff surrenders title
Comments 15
June 14, 2011 7:30 AM
OA Online
http://www.oaoa.com/articles/roberts-66909-county-arguments.html
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The jury deliberated for less than two hours before reaching the verdict,
during which time lunch also was served to the jurors.
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The verdict concludes a week-long guilt/innocence phase that was
highlighted by the many accusations being made in the case not related to
Roberts.
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Defense attorney Woody Leverett said he thought both he and co-counsel
Jason Leach presented a good case.
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Obviously, I strongly disagree with (the verdict), he said. And I would
say this trial brings to conclusion the career of a distinguished law man.
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Leverett said he felt the jury did not take enough time to look at
evidence when they went to deliberate, and two hours for deliberation was
a short time to look at everything presented during the past week.
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That kind of tells me that they made up their minds before closing,
Leverett said.
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Texas Sheriff Guilty of Intimidating Nurses
Posted by Chace Murphy News Wednesday, June 15th, 2011
WTAW
http://www.wtaw.com/2011/06/15/
texas-sheriff-guilty-of-intimidating-nurses/
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A shorter URL for the above link:
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http://tinyurl.com/6d9h4cy
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The two, Anne Mitchell and Vickilyn Galle, wrote to the state medical
regulators detailing their concerns about Arafiles, including his alleged
use of herbal remedies and attempt to use hospital supplies to perform
at-home procedures. They claimed he was unethical and risking patients
health.
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Authorities said that once the doctor learned the medical board was
looking into a complaint filed against him, Arafiles went to Roberts and
asked him to investigate who sent the letter. The women were fired from
Winkler County Memorial Hospital and charged with felonies.
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Arafiles and another county official also face charges in connection with
the nurses complaint. They have denied wrongdoing.
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The complete article may be read at the URL above.
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WEBBIB1011
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Previous coverage of the Winkler County Hospital Nurses and Law Cases:
http://www.google.com/webhp?sourceid=navclient&ie=UTF-8#q=
NET-GOLD%22+AND+%22TEMPLE.EDU%22+AND+WINKLER+AND+NURSES+AND+
TEXAS+AND+Arafiles&hl=en&rlz=1R2GGHP_enUS413&site=webhp&prmd=
ivns&filter=0&bav=on.2,or.r_gc.r_pw.&fp=b1b3bccdf7105184&biw=1260&bih=783
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A shorter URL for the above link:
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http://tinyurl.com/3ze3zu8
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