A longstanding legal process by the City of Rockdale, addressing what has now been twice ruled a “junkyard” along US 79, appears to be entering a new phase.
Last Tuesday, in a Rock-dale Municipal Court bench trial, Ira Richard “Richie” Thrasher, 43, was found guilty of maintaining a junkyard and was fined $43,400.
With other costs, the actual amount due is $47,612, according to the judgment signed by Municipal Judge Jerry Waggoner.
Thrasher has appealed the conviction to county court.
Prosecutor Bill Torrey told The Reporter he is now researching the Texas Health & Safety Code to see if that applies in this case.
That could boost the case from misdemeanor to felony status.
CLEANUP—“All we want is to get it cleaned up,” City Manager Chris Whittaker said, concerning the property in the 1300 block of East Cameron Avenue (US 79).
The property, has long been the subject of numerous complaints. The city took legal action against Thrasher, the owner.
On March 20, a Milam County Court Jury found Thrasher guilty of keeping a junkyard within 1,000 feet of a highway, a Class C misdemeanor.
Thrasher spent some time in jail and the county, citing taxes owed, seized some items from the property and sold them at auction.
Whittaker said the city is continuing to press the issue.
“We are maintaining that even with a fence around it there are gaps in the fence that allow the items inside to be seen and there are places it is stacked so high the stuff can be seen over the fence,” he said.
Whittaker said the city also has concerns about substances leaking from vehicles onto the ground and has notified the Texas Commission on Environmental Quality (TCEQ).
The charge in last week’s Municipal Court bench trial was again “maintaining a junkyard” and that charge was again affirmed in a legal decision.
Judge Waggoner’s judgment, signed by him on Friday, states that if the defendant (Thrasher) fails to comply with the fine/ costs assessed he will be “committed to the custody of the chief of police until such time as said fine and costs are fully paid.”
APPEAL—Because Thrasher is appealing the municipal court conviction, the next step goes to county court where Torrey’s office has jurisdiction.
Torrey said he is investigating the possibility in using the “litter” portion of the Texas Health & Safety Code in prosecuting the appeal.
“Depending on the facts, that actually sets out punishments including those with misdemeanor jail and state jail (felony) punishments. Section 365.034 of that code deals with regulation of litter within 50 feet of a public highway for more than 30 days.
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