Former Fort Bend County Precinct 3 Deputy Constable Timothy Yerrow has been found guilty by a Harris County jury for theft by a public servant. Yerrow was indicted in 2007 after he was accused of falsifying his time sheets while working a security position at Exxon Mobile Chemical at 13501 Katy Freeway.
He was sentenced to four years probation. His attorney, Neal Davis, has filed a motion to appeal the verdict.
According to prosecutors, Yerrow worked for Exxon Mobile since 1990. In 1996 he took over the position of coordinator of security, which earned him a $1 per hour pay increase.
Prosecutors said that in 2007, Yerrow complained a few times that his paychecks were coming up short. Human Resources began monitoring the sign in time sheets, and noticed that Yarrow’s were altered before they were turned in.
Yerrow said that he had been told to add whatever hours he worked doing coordinator duties to his time sheets, but prosecutors said that wasn’t the case.
An audit was performed going back to 2004, which prosecutors said revealed that Yerrow was overpaid by $16,139 between 2004 and 2007.
Yerrow was indicted in 2007, and placed on paid administrative leave by Precinct 3 Constable Rob Cook. Yerrow retired in February of this year.
Davis said he has filed the motion for appeal based partly on the fact that the judge did not allow certain testimony to be presented to the jury. Davis said that without the testimony, they were “fighting with one hand tied behind their back.”
“We are going to fight hard on appeal,” said Davis. “I believe in his innocence. While I respect any jury’s verdict, I really strongly disagree with it on this case.”
According to Yerrow’s defense, Yerrow had an oral agreement with his supervisor to add any additional hours he was working to his time sheet. That supervisor died before any criminal charges were filed.
“It was all about whether he was billing properly, and we believe he did,” said Davis. “But in order to explain the way he billed, we had to get into this oral agreement.”
The judge ruled that testimony regarding the oral agreement was inadmissible.
“People have disagreements to the law all the time,” said Davis. “We all do our best in court. He (the judge) felt it was reasonable, we felt it wasn’t. It’s just an issue we are going to have to take up in court.
Later this week, Fort Bend Now will publish Precinct 3 Constable Rob Cook’s reaction to the verdict, including discussing Yerrow’s paid administrative leave.