SELMER, Tenn. — Selmer Police Chief Neal Burks was indicted Monday on charges of official misconduct and theft of property under $1,000, according to the Tennessee Bureau of Investigation.

In a news release Tuesday, the TBI says Burks’ charges stem from a December investigation into a cell phone that had been seized by the Selmer Police Department.

The release says investigators later determined that Burks was responsible for taking the phone from the department.

Burks, 77, was booked into the McNairy County Jail and released on $5,000 bond Monday, according to the the release.

Burks’ son, Michael, is also facing charges of theft of property and two counts of tampering with evidence, according to the TBI.

A previous news release says the cell phone was found during a search of Burks’ home.