Update: FBI Arrests Simpson County Chancery ClerkBy MARLAN JONES,
Simpson County Chancery Clerk Tommy Joe Harvey was arrested last night and booked into the Madison County Detention Center at approximately 9:16 p.m.
According to the Madison County Detention Center, Harvey was arrested by the FBI and is being charged with conspiracy. Harvey has served as Chancery Clerk of Simpson County since 2004.
Update: Harvey appeared before Judge Linda Anderson on Thursday June 28 at approximately 2:30 p.m. for an initial appearance. Harvey revealed that he will be represented by a team of three attorneys comprised of Wesley Broadhead, Christina Huffman, and William Kirksey. Kirksey was not present at the hearing.
Judge Anderson explained that Harvey has been charged with a felony offense. He has been indicted and charged with depravation of rights under color of law. According to Title 18, U.S.C. Section 242, acts “under color of law” are defined as acts done by federal, state, or local officials. The United States Department of Justice states that whoever willfully subjects any person to the depravation of rights protected by the Constitution shall be fined, imprisoned for up to one year, or both.
It also states that if bodily injury results from the acts committed, or if the act includes the use of a dangerous weapon the offender shall be fined or imprisoned for no more than 10 years.
Anderson said that Harvey’s offense carries with it a fine of $250,000 and up to ten years in prison. This suggests that the alleged victim in this case is claiming to have been injured or threatened with a weapon.
Harvey and his attorneys waived the reading of the indictment in court and entered a plea of not guilty. An unsecured bond of $20,000 was set. Unsecured means that payment will only be required if Harvey fails to appear in court on the assigned date.
A copy of the indictment states that Harvey peppered sprayed a woman identified only as “A.R.” in the face while she was in handcuffs, which resulted in bodily injury. This was allegedly done while Harvey was acting under the color of law as Simpson County Chancery Court Clerk.
Anderson set trial for August 20 before Chief Judge Daniel Jordan. When asked of employment, Broadhead informed the court that Harvey will remain as Chancery Clerk of Simpson County. Anderson informed Harvey that he is to avoid contact with any victims involved in the case as a condition of his bond.