Plaquemine Police Chief resigns as part of malfeasance in office plea
UPDATE
PLAQUEMINE, La. (WAFB) - Plaquemine Police Chief Kenny Payne will resign from office after pleading “no contest” to two of five criminal charges against him, prosecutors said.
Payne pleaded no contest to two counts of malfeasance in office on Monday, Nov. 28 in Iberville Parish.
By pleading “no contest,” a defendant essentially admits to the facts of the case but does not admit to his or her actual guilt.
Payne declined to comment as he left the courthouse.
As part of the plea agreement, he admitted asking a woman for sex in exchange for dismissing charges against her boyfriend. He also admits he asked the sheriff to cover up an investigation into the allegations against him, District Attorney Tony Clayton said.
“He called the sheriff and asked the sheriff to drop the charges,” said Clayton.
The presiding judge gave Payne a three-year suspended sentence for each count.
He has agreed to resign by Monday afternoon, Nov. 28, by 4:30 p.m.
Another count of malfeasance in office against Payne alleges he used a City of Plaquemine storage building for years to keep his stuff in it.
“The city has a storage facility and he stored a lot of his own personal stuff in there for years at the taxpayer’s expense,” said Clayton.
His plea comes exactly one week after a grand jury indicted him.
Now Plaquemine Mayor Ed Reeves and the city’s Board of Selectmen will have 20 days to appoint an interim police chief, who will serve in that capacity until an election can be held next year.
“I think it sends a message to the public, particularly to our public, that no one is above the law, and no one is against the law,” said Clayton.
Payne has held the position since 2015. His base salary from the City was $84,427, plus a car allowance and state supplemental pay.
Mayor Reeves says Kenny Payne will still receive retirement benefits after Monday’s resignation.
Plaquemine Mayor Ed Reeves issued the following statement about Police Chief Kenny Payne’s resignation:
PREVIOUS UPDATE
PLAQUEMINE, La. (WAFB) - An Iberville Parish grand jury has decided to officially charge Plaquemine Police Chief Kenny Payne with five counts of malfeasance in office.
The indictment says Payne allegedly asked for sexual favors from a woman in exchange for leniency or a dismissal of charges levied against the woman’s boyfriend.
The grand jury voted to indict Payne at the courthouse on Monday, Nov. 21.
“And the next step is, we’ll arraign him, and will give him a motion date, then we’ll hear his motions, and then we’ll put him on the trial docket so they can have his day in court,” said District Attorney Tony Clayton, with the 18th Judicial District.
According to the Iberville Parish Sheriff, Plaquemine Police Chief Kenny Payne turned himself in to authorities and later bonded out on Tuesday, Nov. 22. His bond was set at $25,000 by a judge.
“It’s very sad. Because you know, in law enforcement we’re held to a different standard. But it is what it is. This case is not just based on innuendos, but there’s evidence. So anyone can say anything, just because somebody said something that doesn’t give you grounds to indict a guy. But when you start bringing forth evidence with your actions, that’s what we have here. So we are following the evidence, so just any allegations made on anyone in law enforcement is just that, an allegation. But when you start putting forth evidence and you get an indictment and then you need stronger text of that evidence at a trial, and that’s just the way the judicial system is. It’s like making sausage, it is what it is,” said District Attorney Tony Clayton.
Most of the felony counts stem from that alleged incident with a woman back on April 19 of this year at police headquarters.
“Another one (count) was having one of his officers delete some evidence, messages, pertaining to this case,” said Clayton.
The indictment says Payne ordered a lieutenant at the Plaquemine Police Department to delete text messages she received from the victim on her department issued cell phone.
District Attorney Tony Clayton says Payne also asked Iberville Parish Sheriff Brett Stassi to not pursue any charges against him.
“He called the sheriff and asked the sheriff to drop the charges,” said Clayton.
Another count of malfeasance in office against Payne alleges he used a City of Plaquemine storage building for years to keep his stuff in it.
“The city has a storage facility and he stored a lot of his own personal stuff in there for years at the taxpayer’s expense,” said Clayton.
Chief Payne did testify in front of the grand jury on Monday to share his side on all of this.
Payne took over as chief back in 2015 and was elected in 2016. A month ago he told Plaquemine Mayor Ed Reeves he still had no plans on stepping down.
“That’s up to him. The only obligation he has is if he’s convicted he has to relinquish his seat. But he’s only indicted, so until he’s convicted he can stay there as long as he wants until that point,” said Clayton.
A grand jury is only asked to decide only whether there is enough evidence to cause a person to be brought to trial for a crime.
“If he wants a (quick) trial, there’s an old song that they play in my community on the jukebox. And it goes something like this, ‘Please come home by Christmas and if not by New Years night. I can give him a trial before Christmas. If not by Christmas, I can give it (a trial) to him before new years night,” said Clayton.
WAFB reached out to Payne for a comment on this indictment but have not heard back yet.
ORIGINAL
PLAQUEMINE, La. (WAFB) - The City of Plaquemine’s police chief does not plan to resign from office, according to the mayor.
Mayor Ed Reeves says controversy surrounds Police Chief Kenny Payne allegedly seeking sexual favors from a woman in exchange for Payne’s help to dismiss her boyfriend’s charges earlier this year.
“Kenny said he didn’t do it and he’s going to defend himself,” said Mayor Reeves.
Reeves says Chief Payne called him Tuesday morning to say he was not resigning.
“He said at some point in his career he’s going to retire, but he’s going to do it on his time and on his nickel,” said Mayor Reeves.
District Attorney Tony Clayton confirmed a grand jury has been convened on November 21 to hear the case.
When asked by WAFB’s Lester Duhe’ if he believes Payne should resign, Reeves said, “No, I think he’s doing a pretty good job.”
Plaquemine’s Board of Selectman appointed Payne to serve as interim police chief back in 2015, after police Chief Orian Gulotta’s death.
Payne ran for and was elected to the office later that same year and has been chief ever since.
WAFB reached out to Chief Payne and his attorney Tuesday afternoon but have not heard back yet.
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