Constable Abercia, two staffers indicted in corruption probe

Harris County Precinct 1 Constable Jack Abercia leaves the Bob Casey Federal Courthouse downtown Thursday after pleading not guilty to corruption charges. Abercia, 78, has cancer and plans to resign Jan. 31. less Harris County Precinct 1 Constable Jack Abercia leaves the Bob Casey Federal Courthouse downtown Thursday after pleading not guilty to corruption charges. Abercia, 78, has cancer and plans to resign Jan. 31. ... more Image 1 of / 5 Caption Close Constable Abercia, two staffers indicted in corruption probe 1 / 5 Back to Gallery

Constable Jack Abercia, a veteran lawman with more than 41 years of service in Harris County's Precinct 1, faces a bevy of criminal charges in a corruption probe that also has snared two of his top staffers.

A federal indictment unsealed Thursday alleges rampant abuses within Abercia's office, accusing the constable of conspiring to sell information from a law enforcement database, accepting a bribe for hiring an unqualified deputy and sending his employees on personal errands on county time.

Federal agents arrested Abercia, 78, Chief Lt. Weldon Kenneth Wiener, 72, and former Office Chief Michael Butler, 56, on Thursday. Abercia, who has colon cancer and plans to resign at the end of month, pleaded not guilty before a federal magistrate in Houston federal court.

"I'm just shocked and sad that a long career would kind of culminate at that kind of point," said Precinct 1 Commissioner El Franco Lee. "The rest of it will take its own course. I feel bad for him, I feel bad for the office, and hopefully we can do the things that need to be done to shore it up and keep the business moving and restore any integrity that was lost."

Attorneys for Abercia, who has been the constable in Precinct 1 since 1991, said they knew little about Thursday's charges.

"I look forward to finding out what the government says and thinks he did wrong," said Rusty Hardin, his attorney.

Access to database

The 13-count indictment accuses Abercia and Wiener of soliciting and accepting money from companies interested in running background checks on prospective employees through the National Crime Information Center (NCIC) database, which is restricted to law enforcement use.

The indictment alleges 11 specific acts of misuse of NCIC in November, accusing Abercia of accepting about $9,000 total for running checks on about a dozen prospective employees of a power washing company with ties to the government's confidential informant in the case. Though the indictment focuses on the November incidents, prosecutors say the practice had been going on in the constable's office for a longer period of time.

Abercia and Butler are charged with bribery in connection with the hiring of an otherwise unqualified deputy constable in return for an alleged $5,000 bribe in July 2010.

As part of their investigation, FBI agents seized the file of one deputy, Allen Tomas James, according to officials within Abercia's office.

Precinct 1 Assistant Chief J.C. Mosier said James, 30, was rejected by a internal screening board that reviewed his background when he applied for a job in mid-2010.

"He hadn't worked for five years," Mosier said. "He had already been turned down by seven police agencies before he got to us."

Mosier recalled that James, besides lacking law enforcement experience, seemed to have a fascination with firearms.

"Everyone on the review board said, 'No, we aren't hiring this guy,' " he said. "We took it in to the constable and said, 'We can't have this guy; there's no way we can hire him.' Well, a couple of weeks later, they did."

Allegedly split $5,000

The indictment alleges that Butler took the $5,000 bribe related to the hiring of an unqualified deputy and kept $2,000, giving the remaining $3,000 to Abercia.

A Harris County official confirmed Thursday that James is no longer with the constable's office.

During their initial appearance in federal court, Judge Stephen Smith freed the trio on bond with several requirements, including not having guns in their homes and not talking to each other or witnesses.

If convicted of the conspiracy charge, all three men face up to five years in prison. Abercia and Wiener potentially face an additional five years in prison for each count of exceeding authorized computer access. Abercia and Butler also could receive an additional 10 years in prison if convicted of the bribery charge.

"Individuals that commit law enforcement corruption … took an oath at some point in their careers," said Houston FBI Special Agent in Charge Stephen Morris. "When they make a conscious effort to sell that or violate it, I think that strikes at the heart of our communities."

Replacement in wings

Abercia withdrew his re-election bid in December, citing his illness, then announced this month he would resign Jan. 31. He has denied that his decision to withdraw his candidacy was related to the FBI probe.

Butler, Abercia's former office chief, left the constable's office at the end of December.

Commissioners Court this week named Ken Berry, a retired major who served 35 years with the sheriff's office, to take Abercia's post at the end of the month. Berry has said he does not plan to seek the office permanently.

The Harris County Attorney's Office is investigating all eight county constable offices in a wide-ranging review focusing on charitable organizations run by constables and a program that allows neighborhood groups to hire constables for local security patrols.

Reporters James Pinkerton and Brian Rogers contributed to this report.

susan.carroll@chron.commike.morrris@chron.com