Rockwall DA gets 15 years for theft

Sumrow receives 15 years, must appeal from prison

By Leslie Gibson

Herald-Banner Staff



DALLAS — Fifteen years in prison. Ray Sumrow of Rockwall received that sentence Wednesday by a Dallas jury, which on Tuesday, had taken 30 minutes to find him guilty of second-degree felony theft in his official capacity as district attorney of Rockwall County.

Sumrow was also suspended as district attorney of Rockwall County in an order written by Senior Judge John Nelms, who heard the week-long case. A notice of appeal was given immediately upon trial’s end, but Sumrow must appeal from prison.

Thus ends the 20-year career of Sumrow as the district attorney for Rockwall County.

Sumrow was convicted with abuse of official capacity, taking $68,000 in the years 2003 and 2004. He paid the money back.

The taking and repayment were never in question. Intent, or knowledge of the deposits, and thus the spending which accompanied them, was the argument.

State witnesses of former and current county employees and an FBI financial expert had verified timelines and documents to convince the jury that Sumrow knew the funds were in his personal account, and spent them knowingly.

Defense attorney James Wheeler of Quitman put Sumrow family members on the stand to testify to Sumrow’s “sloppy bookkeeping” and that they made some of the ATM withdrawals, which had been noted in the state’s evidence.

The jury took 30 minutes to find Sumrow guilty on Tuesday, after five days of testimony, most of that prosecution.

Wednesday, they took an hour and half to return a unanimous sentencing of 15 years in prison. Had the jury given Sumrow 10 or less years, Sumrow could be out on bond.

Before they deliberated, the state had the final closing argument.

Special prosecution for the state, John Schomburger, Collin County assistant district attorney, noted the repayment which had been highlighted by the defense.

“Folks, the money came back because he got caught. It didn’t come back because of a change of heart, a reflection of life,” Schomburger said. “He has not resigned.”

He contrasted that with the fact that one of the state’s witnesses, Sheree Jones, had resigned from Rockwall County Treasurer and pled guilty to theft and repayment of $2,000 from the county. She also had confessed to sheriff’s deputies when they questioned her, she testified during the trial of Sumrow.

“She accepted responsibility,” Schomburger said. “She went out in front of a judge and said, ‘I did it’.”

“Folks, there wasn’t any remorse,” Schomburger added. He cited the fact that a defense witness during the sentencing hearing, Brett Gilbert, the Rockwall County adult probation officer, had not been able to say Sumrow had shown remorse. Schomburger had asked Gilbert if Sumrow had shown remorse, and Gilbert said no.

Gilbert had testified that his long experience in his position supported his personal opinion that Sumrow would make a good candidate for probation.

“I’ve known Ray for a long time,” he said. “He meets all the qualifications in my book. He’s always been up front with me.” Under Wheeler’s questioning, he said remorse is a quality used in determining a recommendation of probation.

Schomburger also discussed the severity of the crime in relation to Sumrow’s position.

“He’s stealing in his capacity of district attorney of Rockwall County.” He said, “This is the man who was responsible for justice in Rockwall County.

“People expect the criminal justice system to be fair, he said. “This calls into question every single decision he made.”

“You can send a loud and clear message, folks, in this case, and that is if you steal from the people, if you use your office in criminal proceedings, you will go to the penitentiary.

“If there is another Ray Sumrow that is tempted, and if there is another one of him out there, he will remember it. That will speak loud and clear.

“If the oath of office he took is not important — probation,” Schomburger said. “Imprisonment is the right thing and the hard thing to do.”

Wheeler had told the jury that Sumrow deserved an opportunity to try probation. Sumrow is suffering, he said, from loss of law license, loss of career, and shame in the community.

“He’ll have to suffer with that the rest of his life,” he said. He added that keeping Sumrow on probation keeps him working and meeting his obligations, not “just being fed at a penitentiary.”

Collin County assistant district attorney Jim Skinner also presented arguments to the jury. “We want to deter others. What message do you send to every public elected official in the State of Texas, and what more, to every district attorney?”

“He still hasn’t resigned as district attorney, don’t be distracted from the emotion in this case,” Skinner said.

Emotion had been shown by Wheeler’s two grown daughters, who, in testifying for the defense, had sobbed at moments.