Former Harris County Precinct 4 Commissioner Jerry Eversole was sentenced Wednesday morning in federal court to three years probation and no fine.

Eversole’s longtime friend and co-defendant Mike Surface was also sentenced this morning in U.S. District Judge David Hittner’s court to three years probation and received a $5,000 fine.

Immediately after his sentencing, a jubilant Eversole greeted supporters and family members in a crowded courtroom. “I’m very anxious to get the rest of my life started,” said Eversole, who said dealing with the corruption trial “has been like towing an anchor.”

The Department of Justice had alleged Eversole took cash and gifts from Surface, a real estate developer, in exchange for steering contracts and appointments to Surface and his companies. Both men entered plea deals in September, with Eversole and Surface each pleading guilty to one felony charge.

Sentencing guidelines had suggested both men face six months of either incarceration or probation, or some combination of the two, as well as fines. Prosecutors had asked the judge to sentence both men to jail.

Eversole, 68, also resigned from office the Precinct 4 office he had held since 1991 as part of the plea deal; his replacement Jack Cagle was appointed Oct. 4. Eversole admitted no wrongdoing associated with his public office in his plea, acknowledging only that he lied to FBI agents four years ago. Surface pleaded guilty to filing a false income tax return.

In exchange for Eversole’s plea, prosecutors dropped charges of conspiracy, bribery and two counts of filing false income tax statements against him.

Eversole’s trial on the charges last March ended in a mistrial due to a hung jury.

“The government’s attempts to have Mr. Eversole punished now for all they could not prove … is unseemly,” said his attorney, Rusty Hardin, during this morning’s hearing. “They want you to incarcerate him for charges they did not have the guts to try before a jury.”

Prosecutor John Pearson said the government and defense did not agree on the proper way to characterize gifts Surface gave to Eversole, including $17,000 in landscaping, $30,000 in antique firearms and $63,000 to pay off his mortgage. But when given the choice to answer the FBI’s questions truthfully, decline to answer, or conceal the truth, Eversole “consciously” chose the third option, Pearson said.

“However you come down on that issue (of the alleged bribes),” Pearson told the judge, “there’s still the issue of lying to the FBI.”



Here is a story we published last week on Eversole and Surface asking Hittner for leniency in their sentencing.