Even though he won a victory of sorts Thursday when a federal judge agreed to a motion filed by his attorneys, former Union County supervisor Donnie Betanbaugh still faces the possibility of more than six centuries in prison.
Acting US Attorney Kevin F. McDonald said U.S. District Judge Henry Floyd ruled Thursday four for the 40 charges filed against Betenbaugh in October should be severed from the rest of the indictment and tried separately.
The counts allege Betenbaugh used the Union County Tax Assessor’s Office to store and distribute cocaine in 2007 and 2008, on two occassions in 2008 possessed Lorazepam with intent to distribute and failed to provide FBI agents with knowledge of crimes committed by co-defendant former county tax assessor Willie Randall Jr.
Floyd issued his ruling in response to a motion filed by Betenbaugh’s attorneys within the past week asking the charges be severed from the rest of the indictment. They argued the charges were unrelated to a 2005 kickback scheme involving Union County’s purchase of the American Federal Buidling in downtown Union.
In addition to severing the charges, Floyd also ruled paragraphs alleging Betenbaugh “fostered and encouraged a culture” with “few concrete ethical rules” be removed from the indictment.
Betenbaugh’s trial is scheduled to begin at 10 a.m. Feb. 16.
Five Union County residents including Betenbaugh, Randall, former sheriff Howard Wells, Lapriest Beacham and Willard Farr were indicted in October on a wide range of federal corruption and drug charges. Betenbaugh and Randall were originally indicted on counts of conspiracy, extortion, soliciting and accepting bribes, money laundering, structuring financial transactions to evade federal reporting requirements and allowing the tax assessor’s office to be used to store and distribute cocaine and Hydrocodone.
On Jan. 14, Randall pleaded guilty to six of those charges and is awating sentencing.
Prosecutors claim Randall and Betenbaugh conspired to violate the Hobbes Act which prohibits public officials from using their offices to enrich themselves. On the counts Randall pleaded guilty to, the indictment states he and Betenbaugh extorted the payment of a $50,000 kickback payment in connection with the 2005 purchase of the American Federal Building and engaged in financial transactions designed to conceal their involvement in the scheme.
Randall also pleaded guilty to a separate charge of conspiracy to distributed cocaine and a mixture containing methamphetamine. He is awaiting sentencing on that charge as well.
The October indictments included an additional 25 charges against Betenbaugh accusing him of witness tampering, lying to federal agents, misprision of a felony, obstruction of justice and illegally distributing Lorazepam, a Shedule IV controlled substance. If convicted on all 40 counts, Betenbaugh faces a maximum possible sentence of 618 years in federal prison and a $13 million fine.
Wells who was originally named in a three-count indictment charging him with lying to federal investigators and witness tampering, pleaded guilty Jan. 14 to one count of lying to federal investigators.
Beacham was charged in the same indictment as Randall and he also pleaded guilty on Jan. 14 to conspiring to distribute cocaine and a mixture containing methamphetamine.
Willard Dee Farr was originally charged in a three-count indictment with conspiracy to commit extortion, aiding and abetting former City of Union mayor Bruce Morgan and former city building inspector Jeff Lawson to extort money from contractors looking to do business with the city and lying to federal investigators.
On Jan. 14 he pleaded guilty to conspiracy to commit extortion.
Morgan and Lawson pleaded guilty to conspiring to take kickbacks in September 2008 and were sentenced in February 2009 to five years and 11 months and 12 months and one day, respectively. They are currently serving their sentences in federal prison.
Wells, Beacham and Farr are also awaiting sentencing.





