PARSONS – Charges of fraudulent schemes against Kenneth Bott, former owner of the Parsons Country Inn, were dismissed with prejudice Tuesday in Tucker County Circuit Court.
Tucker County Circuit Court Judge Philip B. Jordan Jr., said Bott’s attorney, Brett Easton filed a motion to dismiss counts one and two of the indictment. Bott was charged with two counts of fraudulent schemes for obtaining water from the City of Parsons for the Parsons Country Inn and for water for his home, and failing to pay in full for that water service.
“The court commends Mr. Easton for a very well written, very well researched memorandum,” Jordan said. “Mr. LaMora has responded to this.”
Easton said the charges should be dismissed for three reasons – the City of Parsons should have brought civil, not criminal charges against Bott; the City is trying to use the law enforcement and the Prosecuting Attorney as a debt collection mechanism which is just like imprisonment for debt; and even if we want to argue an overdue bill as criminal behavior, there is no evidence here.
“If you look at the billing statement, Mr. Bott spent almost $14,000 over the four-year period and he made regular payments,” Easton said. “Some months he did not pay in full, but the city accepted those payments. Now he is in debt for $3,000 and the State wants you to believe that is evidence of criminal activity. This is absurd.”
Tucker County Prosecuting Attorney Ray LaMora said collections were sought.
“Collections were sought numerous times,” LaMora said. “Collection agreements were made multiple times, and on none of those occasions did Mr. Bott pay in full.”
Jordan asked if the City ever filed a civil suit and LaMora said he did not believe they ever did.
“The Court recognizes that small towns like Parsons have difficulty raising revenues to pay for central citizens for its residents,” Jordan said. “I understand their frustration when some folks do not pay their fair share. But that does not justify ignoring the law.”
Jordan said collection of overdue bills is a civil matter.
“The City of Parsons chose not to do that,” Jordan said. “I don’t understand that at all. Instead, they improperly tried to use a criminal remedy. Debtor’s prisons were outlawed two years ago. And for the city police to send letters threatening to detain citizens because they have not paid their water bill is enough to make Charles Dickens turn over in his grave. It sounds like something from a Dickens novel from Victorian England.”
Jordan said even if all that was ignored, there was no evidence in the indictment that Bott acted with the intent to defraud.
“I agree with Mr. Easton on all counts,” Jordan said. “This court has no choice but to dismiss, with prejudice, counts one and two of the indictment.
“I hope that the City of Parsons would not use this practice anymore,” Jordan said.
