A motion filed Monday in Texas County Circuit Court seeks to dismiss an indictment against the former Texas County sheriff and his chief deputy.
Attorney Jason Coatney of Springfield says in the three-page filing that procedures used before a Texas County Grand Jury on July 18 have prejudiced his clients, James Sigman, 48, and Jennifer Tomaszewski, 38. Both were indicted on six felonies and two misdemeanor charges and arrested by the Missouri State Highway Patrol and taken to separate jails. Both are free on $500,000 bond with conditions preventing them from being on county property, having interaction with the sheriff’s department or contact among themselves.
Motions are scheduled to be heard Tuesday in Sigman’s case. Presiding Judge John Beger is overseeing it. Sigman has moved to replace Circuit Judge William Hickle. Beger granted a preliminary order July 27 that ousted Sigman as the county sheriff because he could no long carry out the responsibilities of the office. While Sigman has denied the allegations in an answer in court, no hearing has been held.
Coatney, in a letter to the Texas County Commission is also seeking the reinstatement of Sigman. He claims the three-member panel illegally replaced Sigman with a new sheriff and then stopped paying him. Coatney also requests that the county pay him for legal fees incurred in defending Sigman in the Texas County grand jury indictment because he has not resigned.
“It is also my understanding that as an employee of Texas County, Mo., he is entitled to a defense to any and all allegations as long as he remains employed as sheriff of Texas County,” Coatney wrote.
The grand jury case questioned by Coatney was presented by Nathan Kelsaw, the assistant Texas County prosecuting attorney because Texas County Prosecutor Parke Stevens Jr. determined he had a conflict as an elected county official. Don Trotter, the Lawrence County prosecutor, was named the special prosecutor after the panel handed up its indictment. According to the motion, Trotter attended the presentation of the case to the grand jury.
In his motion, Coatney alleges that the presentation of witnesses to the grand jury by Kelsaw has prejudiced his clients. He also asks that the indictment be dismissed and demands an evidentiary hearing where the grand jury foreman can be called to testify to the conduct of the prosecuting attorneys present.
Both Sigman and Tomaszeski, who investigators say were romantically linked, both face similar charges: first-degree felony assault, first-degree robbery, felony first-degree endangering the welfare of a child, felony unlawful use of a weapon, felony harassment, felony endangering the welfare of a child, second degree; misdemeanor misuse of official information by a public servant and misdemeanor false impersonation.
Rowdy Douglas was named the interim sheriff until an election is held in the fall. Many of the dispatchers, jailers and deputies who left the department under Sigman’s leadership during the last year returned to their old assignments after Douglas’ appointment.
SHERIFFS REMOVED IN OTHER COUNTIES
The sheriff situation in Texas County is similar to one in another part of the state. The sheriff in Mississippi County, situated in the Bootheel, was arrested last year and has sought the move through legal proceedings.
A judge issued an order in May 2017 barring Cory Hutcheson from serving as sheriff while the legal proceedings continued. The Missouri attorney’s general office sought to oust Hutcheson from office even as the criminal case continued in state court. (That procedure is underway in Texas County by a special prosecutor)
The Mississippi County Commission in June named chief deputy Branden Caid as acting sheriff.
More than a year later, the case is still pending. Caid remains in charge of the day-to-day operation.
In the most recent case involving a county sheriff, Jackson County Sheriff Mike Sharp resigned in April amid revelations that he kept up an ongoing romantic, sexual and financial relationship with a female employee of the sheriff’s office while she had a pending lawsuit against Jackson County for harassment.
“I allowed my judgment as Sheriff and my obligations to Jackson County be clouded because of my feelings for someone I cared deeply for in the past. I am accountable for my actions,” sharp wrote in a resignation letter.