Roanoke mayor pleads on two charges, resigns

LAFAYETTE—Roanoke Mayor Henry V. “Spec” Bonner resigned his office Thursday, just hours after entering into an agreement admitting guilt on two of 26 criminal indictments sought and obtained by the Alabama Attorney General’s office.

Under the agreement in Fifth Judicial Circuit Judge Tom Young’s court, Bonner entered a “best interest plea” to the charges of willful violation of the competitive bid law, which is count 26 of the indictment, and knowing use of official position for personal gain, a lesser included offense of count four of the indictment.

Assistant Attorney General Ben Baxley of the Public Corruption and White Collar Crime Division prosecuted the case and moved to dismiss with prejudice all other offenses charged in the indictment. He recommended a 12-month sentence on each offense and suspension of the sentences and that Bonner be placed on unsupervised probation for two years. The judge said he was following the plea agreement in sentencing Bonner to 12 months on each count, to run concurrently, suspend the sentence and order two years unsupervised probation.

Attorney General Troy King on Thursday announced “the convictions and removal from office of Roanoke Mayor Henry V. ‘Spec’ Bonner for a violation of the Alabama Competitive Bid Law and a violation of the Alabama Ethics Act. Pursuant to a negotiated plea agreement, Bonner was convicted of both crimes. He received sentences of 12 months, which was suspended with the imposition of two years of probation, and was ordered to pay restitution to the city of Roanoke in the amount of $3,774.39.” He was also ordered to pay $445 in court costs. His unsupervised probation stipulates only that he commit no new crimes locally or at the state or federal level.

A Randolph County grand jury indicted Bonner in January of this year for bid law and ethics violations arising from a site preparation and grading project performed at the city’s industrial park, and from the manner in which the city of Roanoke was procuring gasoline for city vehicles, the attorney general’s release states.

The attorney general’s investigation revealed that the city was purchasing gasoline from Handley Distributing Company pursuant to a practice established under a prior administration. Bonner is the president of Handley Distributing and has an ownership interest in the company. As the current mayor, he was responsible for insuring that the purchase arrangement was appropriately re-bid under the Competitive Bid Law, King stated.

The investigation further revealed that Bonner had authorized the issuance of a check for $220,000 as payment for grading work done at the city’s industrial park and that a portion of those funds indirectly went to Bonner’s company as payment for fuel used during the project, King said.

Under the terms of the plea, Bonner will immediately resign from office and refrain from running for any public office during the term of his probation. The crimes to which Bonner pleaded guilty are misdemeanors, King stated.

The judge stressed the money must be paid to the Randolph County Circuit Clerk’s office by 5 p.m. Friday, May 9. The mayor also said he would tender his resignation by 3 p.m. Thursday, May 8. But at 3 p.m. the city hall doors were locked to representatives of The Randolph Leader. Police officer A.J. Johnson was stationed at the front, and behind the locked doors were two additional officers guarding the entrance to city hall. Bonner had scheduled a meeting with city department heads at that time and read a prepared statement announcing his resignation.

It was subsequently learned that members of the mayor’s family, a news representative of Eagle 102.3 radio and an Anniston Star reporter were allowed inside.

Police Chief Adam Melton, whose officers blocked the entrance to the building, said he was just following the mayor’s orders. He said the mayor said the meeting was closed and it was by invitation only.

For his Thursday morning plea before Judge Young, Bonner, 73, arrived alone in the courtroom in LaFayette. Young went through the legally required elements of any plea agreement to ensure the mayor understood all the ramifications, such as once a plea is entered the defendant cannot appeal.

Questions arising from the mayor’s activities involving the proposed Alabama Coating Technology LLC site in the city’s industrial park sparked the investigation by the AG’s office and Special Agent Jeff Chandler, who was present Thursday.

“Our investigation has revealed no criminal wrongdoing by Morris Constructors or Hall Grading. Both have been cooperative. The city council has cooperated with the investigation,” Baxley said.

Attorney General King said, “The terms of the competitive bid law are clear. Elected officials are responsible for ensuring that the agencies under their supervision comply with its mandate. While this is believed to be one of the first successful criminal bid law prosecutions in the state, it will likely not be the last.”

Defense Attorney John Tinney said Bonner entered into the agreement against his advice. “He felt this was in the best interest of his family not to have to go through a trial.”

Regarding the no bid on gasoline, Tinney said the last time the city bid gasoline was in 1993 in former Mayor Betty Ziglar’s administration, though technically it should have been bid every three years. According to Tinney, it was not re-bid because no one locally, except for Handley Distributing, can deliver fuel to city facilities. Other companies have 18-wheelers that cannot unload at city facilities, Tinney said.

Tinney said he firmly believes 12 people in Randolph County would have never found the mayor guilty.

“We entered into an agreement with the AG’s office and we will abide by the terms in the AG’s agreement. Under no set of circumstances would we have reached an agreement with him going to jail,” Tinney said.