County judge faces 4-count indictment

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Editor's Note: An earlier version of this story stated that Burnet County Judge James Oakley was driving a 'county-owned' vehicle when he was involved in a minor collision in April 2021. That statement is incorrect. Oakley was driving his personal vehicle. We regret the error.

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  • Oakley
    Oakley
  • On March 14, the Lampasas County Sheriff’s Office released the mugshot photo of Burnet County Judge James Oakley. He was booked in and released on bond on March 10. Contributed photo
    On March 14, the Lampasas County Sheriff’s Office released the mugshot photo of Burnet County Judge James Oakley. He was booked in and released on bond on March 10. Contributed photo
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A Burnet County of- ficial has come under fire for his service on a utility board and the county as well as faces allegations he attempted to “tamper” with debris on the roadway at a scene of a twoyear- old vehicle collision.

On March 7, a Burnet County grand jury indicted Judge James Oakley on four charges – one count of abuse of official ca pacity (a class A misdemeanor); one count of abuse of official capacity (class B misdemeanor); one count of tampering/ fabricating physical evidence (third degree felony); and one count of of- ficial oppression (class A misdemeanor).

Burnet County Sheriff Calvin Boyd confirmed that on March 9 a warrant had been issued for Oakley’s arrest. Oakley turned himself into the Lampasas County Jail that afternoon. He was reportedly released on bonds within an hour. Bonds were $1,000 (count 1); $500 (count 2); $2,500 (count 3); and $1,000 (count 4).

The alleged tampering and one of the official op pression charges reportedly stemmed from an apparent minor collision on April 2, 2021 in Spicewood in which he was driving a personal vehicle. Oakley is a Spicewood resident.

In a statement, Oakley described two of the counts (counts 3 and 4) as involving, “A fender- bender at a gas station 2 years ago, where I moved a piece of a plastic bumper on the ground to clear for drivers.” Oakley allegedly collided with a vehicle in the vicinity of the parking lot at the Spicewood General Store, just off Spur 191 and Texas 71. The Texas Department of Public Safety responded to the collision.

The indictment document in count 3 accuses Oakley of “tampering,” alleging he moved the vehicle debris “with intent to impair its verity and availability as evidence in the investigation.”

On the official oppres sion charge (count 4), the indictment alleges that Oakley subjected the other motorist “to mistreatment” that he knew was “unlawful, namely tampering with evidence by removing a portion of a bumper of a vehicle form the area of impact at the scene of a collision, and the Defendant was acting under color of his office as Burnet County Judge.”

The abuse of official capacity charges (counts 1 and 2) are connected to an alleged dual-board service allegation.

Oakley serves as the District 5 director of Pedernales Electric Cooperative as well as the top administrator for the county.

Oakley explained that those charges involved, “My multi-term service as a member elected Director of the Board of the Pedernales Electric Cooperative.

The indictment connected the count 1 official oppression charge to local government code 171.009 which states a public official can serve on a board of a nonprofit or private entity as long as there is no compensation. The document describes PEC as a “private, nonprofit corporation.”

On the count 2 official oppression charge, the indictment document alleges that on September 17, 2021, Sept. 20, 2021 and on Oct. 15, 2021, Oakley violated the law in connection with his use of a county vehicle.

The document stated that Oakley “with intent to Obtain a benefit, intentionally and knowingly misuse government property, namely a vehicle owned by Burnet County, which had come into the Defendant’s custody or possession by virtue of the Defendant’s employment and Office as a public servant, namely Burnet County Judge, by driving the said vehicle to the Pedernales Electric Cooperative for personal gain, and a personal purpose, and the value of the use of the said vehicle was $100.00 or more but less than $750.00.”

On a request from the Bulletin for more details, 33rd/424th Judicial District Attorney Wiley “Sonny” McAfee said, “I don’t talk about the facts of the case when it’s a pending case.”

Oakley has been the county judge for nine of the years that he has also served as an elected member of the PEC board.

“I have every confidence that my attorney will be successful in the outcome of addressing these allegations during the process,” Oakley said.