Dean Fowler Faces Additional Charges from Prosecutor
by MaskingTape
 Dean Fowler Faces additional charges by prosecutor
Apr 09, 2011 | 1339 views | 4 4 comments | 280 280 recommendations | email to a friend | print | permalink


The allegations are not directly related to Fowler’s case where he is charged with abuse of official capacity and official oppression for removing a man from the commissioners court meeting.

Fowler’s attorneys cannot provide a response to the new motions because they are under a gag order issued by the district court.

All 14 pieces of evidence introduced in the filing center around the county’s contract with its bank depository, First National Bank of Gilmer, and court proceedings in which Fowler represented the bank, according to the motion.

Prosecutor Rick Hagan, who took over after District Attorney Billy Byrd recused himself, cites that Fowler represented the bank in prior court proceedings and “signed court pleadings on behalf of First National Bank of Gilmer” and therefore had a conflict of interest in the depository contract.

The court pleadings Fowler signed on behalf of the bank are from April and November 2008, according to the motion.

Hagan’s motion said Fowler should have filed an affidavit in the county clerk’s office stating his conflict of interest.

Fowler did not vote on the bank depository contract, according to minutes from the May 29, 2009, Commissioners Court meeting. The four commissioners voted unanimously on the contract and Fowler’s vote was not required. The 2009 minutes also note that Treasurer Myra Harris met with the bank regarding the contract.

First National Bank of Gilmer was also the only bank to provide a bid to the county in 2009, according to the Commissioners Court meeting from that date.

Hagan first introduced his motion to present evidence of other crimes, wrongs, or acts against Fowler in March when he accused Fowler of acts of “negligent performance,” “juror misconduct,” and “official oppression” dating back to 1995 and are not directly tied to the present case.

Fowler faces charges along with Sheriff Anthony Betterton and Commissioner Lloyd Crabtree.

The three men are set for a pre-trial hearing at 10 a.m. April 13 in Upshur County’s 115th District Court. Visiting Judge Richard Davis is expected to consider all motions that have been filed in the three cases. Other motions filed by Hagan include a change of venue and to combine prosecution of Fowler and Crabtree’s cases. Motions filed by Fowler, Betterton and Crabtree’s attorneys include motions to dismiss and quash each case, including accusing Byrd in the motions of prosecutorial misconduct.

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Eagle Eye
May 10, 2011
So how long is Upshur County going to allow Fowler to keep running from the law and going to court? He is currently paid and not working and this has been going on for months. Same thing as when he was there as nothing is getting done. Amazing though Judge Parish is taking a big case load of his through her court. Shame Fowler never could do the same. So how about it Upshur County? Are you going to let this guy keep running from justice forever on paid leave? We all wonder why our taxes are so high and here is the reason hitting us all straight in the face.
Upshur CountTaxpayer
April 17, 2011

He and his attorney keep stalling things out and look for every and any little excuse to get it all thrown out of court.

If the guy is so inncoent then why arent they running to have court?

The TWO Fowler supporters in town, and you can guess whom they would be, try to point to this as all of a waste of taxpayers money. Well sure is and Fowler is the cause of the waste. Look at his history in Gilmer. Everything he has been involved in has been questioned through the years. His buddies in town have kept him out of trouble, but now with a visiting judge I think he is sweating it.

What comes around goes around and I am enjoying every minute of it.
April 11, 2011
You can't get a warrant for what you are talking about. Get a life. Your clearly one of the Gilmer bubba's or Fowler supporters (That makes you one of two individuals - LOL).

Fowler has wasted the taxpayers money for years and I have not heard half the moaning about him as there has been for Byrd. Fowlers instances of tax payer waste are documented. Maybe Byrd is trying to get rid of all the ELECTED CRIMINALS in Upshur County. Many of those in the elected positions are having heartache over it as it will mean their measily jobs might go away. Those moaning about the issues are some of the so called "Gilmer Elite" that have used the court system, city and county to gain financially in many transactions. You can read about most of them as they comment in the newspaper favorably about Fowler or just downing Byrd in old newspaper articles. Get rid of the biggest JOKE in Upshur County, Folwer whom else, before going moaning and griping about someone trying to do good in Gilmer for once. At least Byrd is not afraid of taking on the so called people of importance in Gilmer....LOL. For Gilmer is the only place these people could be important in their own "little world."
April 10, 2011
This is the Byrd talking through Hagan.

Be aware of upcoming events coming from the Byrd. Byrd is going back through all of the warning tickets issued in the past seven years, and may decide to prosecute because those tickets that were not valid warnings, and should have been citations. So, if you have ever been stopped by the police for a moving violation and only got a warning, there may be a phone call or warrent served to show up for court, or expect jail time.

His reputation bashing and lame investigations is getting out of hand and becoming a waste of taxpayer's dollars. Prosecute crimes that are factual and not conjecture.

Byrd, prosecute the real criminals or fly away.