Police Files Missing In Jake Payne Case

The files with the felony charges against Thomas Jake Payne of Quinlan have gone astray.

Five misdemeanor charges were dropped last week against the 19-year-old after officers who arrested him were terminated by the City of Quinlan.

Quinlan Police Chief Johnny Thornburg said Monday that one of the terminated Quinlan officers, Richard Gomez, delivered the files to the district attorney’s office at the same time that he delivered the misdemeanor charges to the county attorney’s office.

"They are next door to each other," Thornburg said of the two offices at the Hunt County Courthouse in Greenville where officers deliver charges for prosecution.

Thornburg said he had no reason to not believe that Gomez delivered the charges, especially since the delivery would have been made the week before the Quinlan council voted to terminate Gomez and Sgt. Daniel Skurlock. A third officer, Jeremy Humphrey, who participated in Payne’s arrest at a Campbell motel, was fired the day after the arrest by City Consultant Billy Green. Green told the council that he dismissed Humphrey after he did not pass required tests during his probationary period of employment.

Thornburg said it was not the first time that a file had gone missing. He said many things were lost.

"The question now is where it got to and finding it," the police chief said. When asked if the file could be duplicated, Thornburg said, "We really need the original."

The felony charges in question are aggravated assault against a public servant and attempt to take a weapon from a police officer.

Hunt County District Attorney Noble Walker said Tuesday the files were not in his office. "We went all the way back to July," he said in looking for the felony charge papers.

Walker said he planned to call the Quinlan Police Department "and see what the story is." Walker also planned to contact Hunt County Attorney Joel Littlefield to see if they could have been left there by mistake.

Payne had also been charged with misdemeanors of resist arrest, search or transport, failure to identify giving false or fictitious information, failure to identify fugitive intent and escape from custody. Misdemeanors are filed with the county attorney’s office.

Payne’s mother, Karla Whitehead, appealed to the city council to fire the three officers after his arrest in September at the Campbell motel. She claimed that her son was beaten during the arrest.

Payne was first arrested Aug. 28 by Officer Gomez. He allegedly escaped, and Gomez said the suspect kicked him in the head and attempted to take his gun.

Constable Kent Layton took Payne into custody the following day, acting on a tip that he was in the Walmart parking lot. He was later released on bond. Payne was arrested again the following week at the Campbell motel.