Winkler sheriff found guilty on all counts

It took a Midland County jury two hours Tuesday to find Winkler County Sheriff Robert L. Roberts Jr. guilty of four felonies and two misdemeanors for his retaliation against whistle-blowing nurses.

Roberts, 56, was sentenced to four years probation on each of the felonies and also was ordered to serve 100 days in the Winkler County Jail -- a facility he once ran.

The third-degree felonies include two charges of retaliation and two charges of misuse of official information.

For the two class A misdemeanors of official oppression, Roberts will serve 100 days in the same jail concurrently with the time for the felonies. He also was ordered to pay a $1,000 fine for each of the charges, for a total of $6,000.

Last month, Roberts had elected to have the jury set his punishment if he was found guilty, but after jurors returned with a guilty verdict at 1:42 p.m., he withdrew his decision. Instead he opted to be sentenced by visiting Judge Robert Moore, of Big Spring.

Prosecutors with the Texas Attorney General's Office recommended the sentence Moore applied, and, as part of the agreement, Roberts waived his right to appeal the court's decision and voluntarily surrendered his peace officer's license.

He could have faced between two and 10 years for each of the felony charges and paid a fine up to $10,000, according to the Texas Penal Code.

Because of his conviction, Roberts automatically will be removed as sheriff, a position he has held for almost 20 years.

"I think it's a sad day for Robert Roberts. I'm convinced he's a man who has done good service for Winkler County as sheriff for nearly 20 years, and I know he's saddened today," defense attorney Jason Leach, of Odessa, said after the trial.

Roberts must report to the Winkler County Jail at 9 a.m. June 27 to begin his sentence.

In 2009, former Winkler County Hospital nurses Anne Mitchell and Vickilyn Galle sent an anonymous letter to the Texas Medical Board about newly hired Dr. Rolando Arafiles, relaying concerns they had and claiming he was unethical and risked his patients' health. Testimony over the six-day trial indicated that when Arafiles learned the board was investigating the complaint, he went to Roberts who began to investigate who sent the letter.

Both Mitchell and Galle were indicted on felony charges of misuse of official information and fired from the hospital. Mitchell was acquitted last year; charges against Galle have been dropped.

During closing arguments Tuesday morning, prosecutor Shane Attaway told jurors that Roberts was trying to help a friend and was serving his own personal interest.

"His intent was there. He was going to get Anne Mitchell and Vicki Galle and, man, did he," he said.

Leach and co-defense attorney Woody Leverett then told the court that Roberts felt the chain of command in the hospital had not been followed and began investigating.

"What we need to look at is why Robert Roberts did what he did," Leach said.

Prosecutor David Glickler told jurors that Roberts "is judge, jury and executioner" in the county.

"He abused his authority. He thought nobody is going to care about what happens in Kermit, Texas," he said. "The sheriff involved himself in things that weren't within his authority."

Arafiles and Winkler County Attorney Scott Tidwell also have been indicted on similar charges. Trial dates for those two have not been set yet, officials said Tuesday.

After the trial finished, Galle gave her first interview to the media, saying she was thankful to the Texas Attorney General's Office for noticing this case and she felt her voice was heard during the long process of more than two years since the incident first happened.

"Justice was served," she said.

In February, the medical board placed Arafiles on probation for four years and told him he could continue practicing if he completed additional training. The board also said he must be monitored by another physician and submit patient medical and billing records for review. The monitor will report his or her findings back to the board.

Among its findings, the board found that Arafiles improperly tried to intimidate Mitchell and Galle.

"We're relieved," said medical board executive director Mari Robinson, who testified at the trial. "The verdict sends a message that nurses, patients and family members can bring a complaint about a doctor to the Texas Medical Board without fear of retaliation."

Lawmakers passed a bill during this year's regular legislative session that adds protections from retaliation when nurses advocate for patients. The bill, which has been sent to Gov. Rick Perry for signing, provides immunity from criminal liability for reporting unsafe care, and increases administrative fines up to $25,000.

Audrie Palmer can be reached at apalmer@mrt.com.

The Associate Press contributed to this report.