MARLIN, Texas — Falls County Commissioners passed a resolution Friday to hand over control of the sheriff's office from Ricky Scaman to his chief deputy.
The move comes in response to the charges Scaman faces including sexual assault and assault on a public servant.
"We are not the first county to have this happen, but there is not a whole lot of case law that can be found on this," County Judge Jay Elliott said.
The resolution orders Scaman to, "Deliver all county-owned property related to the Sheriff's exercise of law enforcement duties" to Chief Deputy W. Derick Johnson. The list of equipment includes:
- 2020 black Chevy Silverado Trailboss
- All duty weapons
- All duty-related gear or equipment typically used by peace officers
- All body-worn cameras
The resolution states Johnson will receive the items and assume the duties of sheriff, "Until further order of this court or until Scaman's suspension is lifted."
Scaman's attorney, Hoagie Karels, was in the room when the decision was made by the commissioners.
"It's probably reasonable to request that and certainly don't have a problem with it. I anticipate that the suspension will be lifted shortly," Karels said.
The Texas Commission on Law Enforcement sent a letter to Falls County Sheriff Ricky Scaman Monday informing him his law enforcement license was suspended.
"Under TCOLE standards, a licensee arrested or indicted for such offenses constitutes an immediate peril to the public health, safety and welfare," the letter reads.
The TCOLE letter states Scaman can appeal the decision within 20 days of receiving the notice.
A spokesperson for TCOLE said they can suspend his license but not his status as an elected official.
Scaman released a statement in which he denied the allegations and said he would continue as sheriff.
"The allegations and the timing of them, are a concerted effort on the part of several persons to damage my re-election bid and an attempt by those same persons to extort money from me and the people of Falls County," the statement reads. "While this matter works its way through the court system, I will continue as Falls County Sheriff and will continue to protect and serve the citizens of Falls County. I look forward to a trial, at which time all the true facts will be presented, and when a jury will render a verdict of Not Guilty, and put and end to this extortion attempt and clear my name."
Karels, however, said he was not currently acting as sheriff, "Out of an abundance of caution." He said he believes the TCOL suspension is unconstitutional. He said they would appeal the decision.
Karels told 6 News on Friday following the commissioner's meeting, Scaman had not been performing law enforcement duties since he was notified of the suspension.
Johnson said Scaman was still sheriff until the court acts.
As for the charges, Karels said they were made up so Scaman would lose the election.
"These changes are false," Karels said. "We are going to defend them vigorously and we look forward to a trial. This is an attempt to attack his political career and extort money from the county. These women are going to try and sue and get money from the county. If Sheriff Scaman is defeated in the election it makes their case a lot better. If he wins it makes their case a lot worse."
Scaman was arrested by Texas Rangers on Sept. 21. A Falls County Grand Jury indicted him on one count of sexual assault, two counts of assault public servant and two counts of official oppression.
According to the indictment, Scaman penetrated one of the alleged victim's genitals with his finger or hand on Aug. 5 without her consent. Scaman also groped her breasts, pushed her against a car and pulled her hair, the indictment said. He also made "Unwelcome sexual advances" or "Requests for sexual favors."
Scaman was also indicted for an alleged assault of a Falls County jailer on April 1. Scaman is accused of groping her genitals and requesting sexual favors.
The Falls County District Attorney's office requested that Scaman be forced to surrender his badge and gun, wear an ankle monitor, "Not perform any police functions without the express approval of the Court" and give up his marked police car, as part of his bond conditions.
District Judge Byron Russ crossed out all of those conditions. 6 News repeatedly tried to reach Russ to ask why he made that decision. We were told Tuesday he was off all week.
Scaman, a Republican, faces democrat Joe Lopez in the November election.
According to Judge Elliott, as of Oct. 2, the election is going ahead as normal.
"As it stands today everything for the election is still the same. He is still innocent until proven guilty," Elliott said.
Scaman was also accused of sexual assault in 2018 by two different sheriff's department employees. He was sued in civil court but the cases were dismissed.