Prosecutor: Sheriff Lyde resigned from DPS to avoid getting fired amid allegations

Clay County Sheriff Jeff Lyde explained why he left the Texas Department of Public Safety during a Dec. 7 press conference. But his version of events doesn't fit with a prosecutor's.

Lyde said his "youth and hotheadedness" led him to say something he shouldn't have to a DPS superior in Seguin, so he found another job and resigned before the supervisor could let him go.

More: 'A ham sandwich': Sheriff Jeff Lyde blames judge for 'fiasco' that led to oppression charges

"I said something that was exceptionally insubordinate," Lyde said during a press conference he held to respond to official oppression charges against him. "I knew that I needed to go find another job because it was just a matter of time.”

Check back with www.timesrecordnews.com for more on this developing story.

The sheriff's account is far different from what a prosecutor alleges in court records: Lyde resigned in lieu of getting fired for improperly contacting a witness and submitting false reports related to incidents in 2010 and 2011.

The prosecutor appointed for Lyde's cases, 46th DA Staley Heatly, also contends Lyde got rid of or concealed a 2021 court document pertaining to one of the official oppression cases against him, according to allegations in a notice of extraneous offenses.

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The sheriff said he wouldn't comment but went on to protest that the Times Record News was doing a story about his cases "without a court date or conviction."

Lyde said a status hearing for the cases won't happen until at least July.

His attorney, Randall Moore, responded to the prosecutor's accusations, saying they "have about as much merit as the charges."

Heatly said extraneous offense notices are a routine part of any criminal case.

“They set forth allegations that may be relevant at any stage of a trial proceeding," he said.

Heatly added: "It is important to remember that all criminal defendants, including Mr. Lyde, are presumed innocent until proven guilty.”

A Clay County grand jury indicted Lyde on two misdemeanor charges of official oppression, according to indictments filed Nov. 15 in the Clay County District Clerk's Office.

Lyde maintains his innocence.

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He is accused of holding Sarah Lynn Johnson and Landon Paul Goad in jail without obtaining a finding of probable cause from a magistrate in connection with July 12 incidents, according to court documents.

The maximum punishment for the misdemeanor charges against Lyde is a year in jail and a fine up to $4,000.

According to allegations in the notice of extraneous offenses, Lyde got rid of, hid or removed a probable cause affidavit in which Clay County Justice of the Peace John Swenson found there was no probable cause for the misdemeanor assault charge against Goad.

Back in Lyde's DPS days, the prosecutor alleges that between April 2010 and April 2011 in Guadalupe County, the sheriff falsified several DPS performance observation reports by claiming he was there to observe when he wasn't.

He also used a corporal's signature stamp without permission to stamp the reviews, according to allegations in court documents.

Lyde admitted to submitting performance reviews with false information between January 2011 and April 2011 during an interview with a DPS lieutenant July 6 that year, according to allegations in court records.

Lyde contacted a corporal who was a witness in the investigation in a way the corporal felt was designed to discourage him from cooperating with the administrative probe into alleged wrongdoing on Lyde's part, according to allegations in court documents.

Swenson's bid for re-election has been playing out against the backdrop of his ongoing feud with the sheriff, which the JP said has led to his being shut out of performing magistrate duties at the jail.

More: Why were Clay County Sheriff Jeff Lyde's accusers arrested? Here's what we know

Clay County Sheriff's Capt. Lanny Evans is running against Swenson in a primary runoff race to be decided Tuesday.

Swenson is a key witness in the cases against Lyde.

In a July 13 letter Swenson sent to 97th District Attorney Casey Hall, the JP said he found no probable cause for Johnson and Goad's misdemeanor assault cases and dismissed them. Swenson asked for an investigation into Lyde's disregard for his order.

The investigation led to the charges against the sheriff.

During the Dec. 7 press conference, Lyde laid the blame on Swenson for Johnson and Goad allegedly being held in jail without a finding of probable cause.

In Moore's response, he raised questions about the cases against Lyde, such as whether the prosecutor found evidence of intent on the sheriff's part or if Lyde even knew Goad and Johnson were in jail in time to do what the prosecutor contends he should have.

In response, Heatly said ethical rules prohibit him from commenting on the specifics of any given criminal case.

“While a defendant is free to say whatever they like while a case is pending, it would be inappropriate for me to respond to any specific allegation," the prosecutor said.

In addition, Moore raised questions about what jail video subpoenaed by the prosecutor reveals about Swenson's presence at the jail twice the weekend Johnson and Goad were held without performing magistrate duties for them.

As for that, Heatly said: "A justice of the peace cannot magistrate a defendant without first receiving a valid probable cause affidavit from a law enforcement agency."

Swenson declined to comment, saying he wanted to see the cases tried in court — not argued out in the newspaper. 

During the Dec. 7 press conference, Lyde said he left the DPS for an oil company job that paid double what he was making as sergeant in the Highway Patrol rather than give the supervisor a chance to fire him.

"It was a shame," Lyde said.

He said he loved the troopers who worked for him.

"I probably have more troopers that worked for me that are now Texas Rangers than any other Highway Patrol sergeant in the history of the department," Lyde said. "Last time I looked it was more than half a dozen."

The State of Texas vs. Jeffery C. Lyde by Denise Nelson on Scribd

Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news, politics and more. Contact Trish with news tips at tchoate@gannett.com. Her Twitter handle is @Trishapedia.

This article originally appeared on Wichita Falls Times Record News: Prosecutor alleges Sheriff Lyde left DPS to avoid getting fired