UPDATE 11:39 Gilley's Testimony Continues in State vs Bobby Snellgrove

Sandra Stokes Walden

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Posted by: Sandra Walden
Date: May 13 2015 10:22 AM

 Judge Mendheim’s Courtroom

Wednesday Morning

Mr. Gilley is still on the stand.  Sheffield questioning

Back when you were coming over from Enterprise from your real estate business.  You and the Houston Co Comm went to the Attorney General’s office and they said the electronic bingo was legal.  They went the second time.  AG said it would be legal for the commission to change the legislation to allow electronic bingo.

Voting had been cast and you said Bobby Snellgrove had the meeting.  Legislation after Dec 14 was HEDA and not Country Crossing. 

You testified yesterday that you already had your equipment on site, Feb 08.  Sometime after the meeting MR. Snellgrove contacted you?  At some point yes.

And you said you broke out of your contract with DS?  At some point yes

This is the contract to purchase the land where Country Crossing was built.  Date of the contract? Oct 7, filed Oct 26.

So you are telling this jury that you had your equipment on the land 9 months before?  Sometime before not sure of the date.

This is a invoice from Regional Services?  What is the date? 2-27.  This is a year after the 2-25 resolution passed

Nov 2 2009 to start 12-1-09 DSI Security

From day one you intended on using off duty deputy sheriff’s.  No I intended to us DSI they may have intended to use off duty deputy

Do you remember Officer Gonzales preparing to use off duty deputies? I do not

Do you remember a Sheriff’s Sub-station bring built?  That was a different matter

7-26-2010  Snellgrove voted no to return the money to HEDA?  He did and that passed 3 to 1

Wasn’t he defeated June 1, 2010 by MR. Sinquefield?  I don’t remember the date

What is last date on that invoice,  7-29-2010.. That is when HEDA or y’all terminated Regional Services?  I am assuming it is.  Three days after the vote? I don’t remember.

Aug 6, 2010 to Regional Services for services rendered check from Gilley to Regional Services. 

Gilley is trying to run the show as in the last trials.  HE is wanting to elaborate to yes or no questions.  Judge Mendheim explained procedure to him.

Yesterday the reason you said Mr. Bobby Snellgrove voted against HEDA because you quit paying the invoices to Regional Services? That is correct.

7-29 only invoice that Regional Services was not paid?  Would that be a correct statement?  That’s correct. 

Let’s jump back a little bit. 

When the Commodore’s came to visit Dothan that was a 3 day event.  Jan 15-17..correct….

2009-2010 you had your phone tapped by FBI..Over 12,000 phone calls…that was collectively.  You were arrested and you bonded out of jail.. and why you were out of jail you tried to bribe Massey did you not?  Objection

Discussion with the Judge.

At some point  your bond got revoked and you went back to jail, Feb 2011 you went back to jail in Montgomery.  During that time you worked up this plea deal didn’t you?  How long were you out of jail, approximately a year.  Then you were sentenced 80 months.  Do you remember tell media that was fair?  I did. 

Then you went to Federal Prison and 6 ½ months after you were in Fed Prison you claimed your attorney was ineffective, is that right? You felt the sentence was unfair? No .

You felt like you should be on probation, correct? No

REDIRECT of Gilley

By Billy Lisenby

On the screen is a letter to the Al US Attorney Mr. Beck from Luther Strange asking for assistance in a departure from my sentence for participation in this trial. 

Mr. Gilley had you ever seen this letter before Mr. Sheffield showed it to you in this trial?  No sir

The letter says that Gilley and cooperated with them on the investigation of Mr. Snellgrove and that he has been truthful and honest cooperation in his assistance in this case. 

Strange asked that the Letter be presented to Judge Thompson.

Defendants Exhibit 17.. Have you ever seen that one before?  I can ‘t say that I have but knowing Ms. Wilde she has probably sent it to me.  She is Gilley’s attorney that filed his appeal.

This deal requires that Gilley be honest and truthful in his cooperation with the State in order for this request to continued

Did we tell you what to say in any regard to your testimony?  No sir.

Were you aware that the January continuance was a joint request by both parties?  I was not.

Do you know the actual month day year that Regional Security started having people at Country Crosssings?  I do not

Do you know who in your company would have known?  Mark Sheldon and Chuck Taylor.

Contract between DSI and Country Crossing Bingo…had you seen this before,  I had not.  Gilley is reading the first paragraph….You testified yesterday that you needed some inside security, did DSI provide inside security yes sir…starting in Dec 2009

DSI provided a comprehensive list of employees.  Did you get a listing like this from Regional Services?  Bobby Snellgrove specifically said that he did not want a contract, he wanted to fax invoices…

DSI provided Liability insurance.  Did you ever get anything like that from Bobby Snellgrove?  We never obtained anything that we would get in an normal situation from Bobby Snellgrove.

What is the date of that check? August 6, 2010 

States Exhibit 1   A check report from Gilley’s Business of checks to Regional Services.  Do you see a entry for Aug 6, 2010? I do.  Do that appear to relate to the check you were shown?  It  does

Do you see the entries after that, manual entries, do you know what that meant?  You would have to ask Chuck Taylor

Services rendered July 2 – July 15 on invoice.

Gilley needed to have a onsite facility for Houston Co Deputies, we built it and paid for it.  Again that would be a question for Mark Sheldon or Chuck Taylor.

States Exhibit 2…check summary for Regional Portables….comment Grand Opening Toilets, Jan 21, 2010.  Was that when the Grand Opening was?  Jan 15

New Years Eve Event 12-31-2009..Prior to that event we set up all of the porta-johns, executive toilets, tents were all set up before New Years Eve Event for the New Years Eve Event and Grand Opening

Mr. Gilley bets his freedom that the phone records of Mark Sheldon, Ronnie Gilley, and Snellgrove will show the phone calls around the dates.

Gilleys phone records shows calls between him and Snellgrove on Dec 30 and 31. The day before New Years Eve Event.

No calls in January time frame between them

Sheffield:

Did you talk to anyone after court yesterday?  NO sir.

You said that Bobby Snellgrove called you and chewed you up and down didn’t you? 

You are more familiar with phone records than I am, I wish you would show them to me so I can be more certain than I was yesterday.

Dec 30, 12:08 1 min

12: 47 1 min. Call returned 39 minutes later for 1 minute… I had someone in the car with me and I could not talk I would have to call him back.

Gilley now says he called Snellgrove from a drop phone.

Sheffield asks if Gilley is familiar with his grand jury testimony.

Pg 64 line 2 Grand Jury..Ok when he talked to you that day how did he get hold of you?   What was your answer?  I was.  Do you remember what number he called you from?  Your answer was?  His cellphone number..there should be a toll record that will show the phone calls…..

You are testifying today that you are using a drop phone?  You did not say that yesterday did you?  I did.

The contract for construction for security?  You were correct that you did not receive anything for Bobby Snellgrove.  Did you ever receive anything from Mark Snellgrove?  I have never met Mark Snellgrove.. Sheffield shows a proposal from Mark Snellgrove to Mark Sheldon who was in charge of you construction.  At the top of the page is written that it was a final proposal for construction,  Mark Snellgrove never intended to provide security inside. That is not true.

Propsal for 1-2009 through 10-31-09

Last line says that Regional Security would provide insurance coverage.

The Proposal spells out the details that Regional Security would provide.  The Proposal was signed by Mark Snellgrove.

A fax was sent to Fox Fleming from Mark A Snellgrove for billing. Same for next month.  January 2010 , from Mark A Snellgrove;

Invoices were emailed from Heather to get approval to pay invoices.  All signed by Mark A Snellgrove.

February 14  who sent that? Mark Snellgrove to Heather Colley.  Please fine enclosed invoices for guard services at Country Crossings.   Signed Mark Snellgrove.   Invoices were sent by Heather for approval and they were approved for payment.

So if you said Bobby Snellgrove never sent you any contracts you were correct weren’t you. 

Isn’t it a false statement about you receiving anything?  The company that I am chairman of received the faxes or emails.

WE are done..

NO other questions by prosecution.

Sheffield would like to potentially call Gilley when state rests.

NEXT WITNESS FOR STATE

Fox Fleming  questioned by Pete Smycyck

Fox works at Coldwell Banker and works at FBC Enterpris 

I worked for Ronnie 03-04 until they closed.  I worked in development in their subdivision.  Did you help with Country Crossings?  I worked with Wildlife and fisheries, power co.  two sites, Watford Property, and current site.

As they were moving dirt and starting to do infastrucure and started moving equipment in and they needed security to protect equipment.

Do you know who Mark Snellgrove?  Yes sir.  They worked on the security when they were first starting to work on infrastructure.  To protect the gates, 24-7

How did you engage Mark Snellgrove to do security?  They were hired to work there, I don’t know if I made the initial call or how it was initiated.

Did you ever have any contact with Mark Snellgrove?  Only when we had the one issue at gate.

Invoice of hours worked, signed by Mark Snellgrove, sent on to accounting.  I might have saw the first one but after that it would go directly into accounting.

Do all of those invoices bear your name? correct And they are from Mark Snellgrove? Correct  They would go on into accounting to be paid.

At some point after you engaged Regional Services did you experience any issues?   There was a unmanned gate and their were complaints about them going to a cabin that they had a heater in they used when it was cold.  There were also some tire tracks that ADEM would have not been happy with.

I did not see the gate unmanned.   There was a radio, a wood burning heater at one time, a mattress in the cabin. Tire tracks over an area that had been fixed, don’t know if someone that worked there or someone made entry.

Met with Mark Snellgrove one time to discuss the issues.  Fleming looking at a personal record that he had showing the issues he went over with Snellgrove. 

Meeting March 4, 2009 with Mark Snellgrove

Fleming needed a schedule of workers for the following week.

Problems with someone being in the cabin, does not belong to Country Crossing.  Owner has already had problems. 

NO visitors or friends should not be on site, insurance does not cover them on site.

Talked about problem with no one being at gate.

Talked about not one using cabin, no four wheel drives on property.

Did you have any other problems with Regional Security after this?  No sir.

We used them at Peanut Festival when we had a concert with George Jones.

Sheffield:

You were involved with ADM, Wild Life and Fisheries,

When Bingo bill was passed in 08 you did not own any property did you?  No sir

Feb 25, 08, did they have any bulldozers or excavaters on that land they build on?  Not that I know of. 

Deed for land filed Oct 20, 08.  No way you had a million dollar of equipment in Feb if you did not own the land?  Not that I know of.

Too many Indian artifiacts on Watford Land.

Break

UDPATE: 11:35

10:30 am Pete Smyczk for State

Mark Sheldon  self-employed Mark Sheldon Real Estate, Panama City ,Fl

I worked for Bama Jam Productions, 2012

I oversaw the music festival, 3 days.

Do you know who Ronnie Gilley is?  I worked for Ronnie Gilley Properties for 7 years or so in Enterprise

I haven’t spoken with him in about 3 years.

What did you do for Mr. Gilley?  I was COO, with Mr. Gilley you could be running a restaurant one day, construction one day, quick mart one day.

At any point did CC need security services?  From the beginning, 24-7 construction site.  When did actual boots on the ground get there?  When we started construction

What is Regional Security?  The security company that Ronnie called and said this is the company we are going to use for security.  Was there ever a bid process for the security.?  No sir.  Was there a bid process in place? Yes sir

Did you handle day to day interaction with Regional Security?  I was out there everyday and interacted with vendors daily.

Did Fox go out there everyday?  Most of the time.

Do you remember when the phone call was from Ronnie?  No sir

Do you recall when they started?  I don’t remember the exact date, I think it was at the beginning of construction. 

Do you recognize what those are?  Look like emails between me and Regional Services, Dec 2, 08 was the first emails. 

February 27, does that sound about right when Regional Services began their services.  Yes sir.  Did you ever discuss a signed contract with Mark Snellgrove? No sir.

We did have a couple of problems, one sleeping, one alcohol, we called Mark and he handled it.  We through the guy drinking off.  If there was a problem and he would handled the problem and that happened.   I complained to Ronnie, he said to keep them.  Ronnie had the authority to fire them.  If you work for Ronnie and he tells you something to do you do it.

They had t-shirts, not armed, no cars with sirens…  What about DSI, uniforms, cars? Yes sir.

To you find this abnormal that you did not have a contract with Regional Services?  Yes sir. 

Operation of Bingo Hall, who was hire to do security for casino inside?  DSI  HEDA hired.  We wanted consistency and followed their model we wanted their professionalism. 

Discussion and based on performance we wanted to hire DSI

Dec 31, 2009 , incident involving port-a-johns?  We had use Parrish’s company and we knew he had what we needed.  Easy phone call to call Ashton to set up.  What happened?  I got a phone call from Ronnie that said that Ashton needed to take the port-a-potties back and he said that Regional had port-a-potties that we needed to use.  Someone call Ashton and told him.  Ashton left some VIP bathrooms, higher end.  Regional did not have that problem. 

I don’t remember who told Ashton to take their port-a-potties providing their services.

Who is Chuck Taylor?  Was CFO of Ronnie Gilley Properties…he handled all the accounting for the company.  Do you know if Mr. Taylor had a construction office in Enterprise.  Did you ever meet with Mr. Taylor and Mark Snellgrove? Not to my knowledge.  Did you ever have a meeting with Mark Snellgrove?  Not to my knowledge.  Did you ever use Mark Snellgrove at Bama Jam.

 

Sheffield

Isn’t it true that Ashton Parrish did not have a contract with him?  Yes sir

Did you use Jim Loftins port-a-potties and did not have a contract with him? Yes sir

And you used DSI and you did not have a contract with them did you?  No sir

DSI was not bid either?  No sir.  Ashton Parrish was not bid?  No sir  Jim Loftin was not bid?  No sir. 

You had already started construction before Mark Snellgrove got there?  Yes sir.  Did you tell Fox to call him that you had had some damage out there? No sir..

Regional Services was never supposed to get inside security were they?  Based on that proposal they were down at the construction site. 

You had different phases of construction didn’t you?  This contract ended Oct 31, 2009 didn’t it.   At that time the agreement for the next phase would be proposed. 

CC had a amphitheater?  Was it up and running Dec 1 09?  Ready yes sir.  There was a big building near the ampitheater that said Mens and Ladies.  What was that?  A restroom building.  So you did not need port-a-potties when that was completed did you?  No sir.

Security business is not a money making machine is it?  You were talking to Mark Snellgrove on several emails when he was trying to determine what you want to pay base pay.  He explained to you at a lower pay you get lower quality employess.  He asked you what you wanted to pay employees.  You said $8.  With his mark-up what were you paying $13.80.

$13.80…employees got $8, State taxes, fed taxes unemployment, and probably someone else is going to come get you that I forgot. 

208 hours is almost a $3,000 bill isn’t it.  As it approached grand opening time did you have a lot of sightseers out there?  Yes sir.  You had to have more security?  Yes sir, I believe that is when Mark put guards at the other gate.

After shut down did you keep someone to man the gate?  Yes sir.  All the way to July?  I don’t remember.  But you had to have guys covering the gate?  Yes sir. 

June 4 billing 2 shifts for 1 guard.  That bill added up to almost 5 grand didn’t it?  Yes sir.  It added up quick?  Yes sir.  And $8 went to the man working.

DSI in a nationwide company?  Correct.  They have more volume?  Correct.  When  you get to opening day profitability may go up, you would have a little more volume?  Yes sir.

REDIRECT by Smyczck

Def Ex 24  Sheldon says first time he has ever seen.  Hand writing in top corner is not his. 

Do you know how many employees Regional Services had?  I don’t know.  How many employees did you see on site?  I don’t remember.

Did you ever hear of any problems with DSI employees sleeping or drinking on site?  No sir

You did use port-a-johns at the grand opening?  Yes sir because of crowd  Did you use port-a-johns at any other event.

Sheffield redirect. 

Isn’t it true that CC never ended into a contract with DSI?  No sir. 

HEDA entered into a contract with DSI?  Yes sir. 

Gerald Taylor next witness, Billy Lisenby questioning

CPA private practice in Panama City FL, in PC for 5 years, CPA since 1991 

Do you know Ronnie Gilley?  Grew up in same town and he was a client for about 10 years and I worked for him Aug 06 –June 10.  CFO in charge of all the accounting procedures, relationships with banks, human resources.

Between 50 and 60 companies at any given time.  

Do you  know Mark Sheldon,?  He was VP of Operations.  We were on a equal level in Ronnie Gilley Properties.  We were on Board of Managers and VP’s. 

Fox Fleming was a volunteer at FBC when I was a teenager and he worked with Ronnie Gilley Properties. 

Billy Graham, fellow executive at Ronnie Gilley Properties.  What did he do there?  Billy’s official title was BP of Finance and Development.  Oversaw some of the properties Ronnie had in the FL Panhandle.  He dealt with most of Nashville operations. 

Do you know Bobby Snellgrove?  Yes he was a commissioner and I met him on a couple of occasions at the meetings.  I attended the meeting.  I did not make any presentations.

Are you familiar with Regional Services?  They performed security services at the CC project and I am aware of the checks were paid.  Were you aware of how that company came to be used at CC?  During development stage of CC as we were discussing security we were planning to hire employees to handle that project.  Ronnie inquired about using Regional Services  on the inside of the facility.  We objected to that.  At some point it was decided to use them on the construction site.

We did not think it was a good idea due to Commissioner Snellgrove’s position and oversight of decisions about the facility to use them inside.  We felt if there was a problem to come up we would have difficulty removing them. 

I had no problem with them handling the security on construction site.  About 4 weeks into process Ronnie received a call from Mark Snellgrove about why they had not been paid.  I researched and found out that there was not documentation for payment.  I talked to Mr. Gilley and it was decided that Mark Snellgrove would fax a statement and they would be paid. 

The emails went to a staff accountant who would email to job site and they would sign off and send it back for payment.

Did you ever pay any companies without receiving invoices? No

In general are you familiar with those documents?  Billings from Regional Services to our offices.  Are those the invoices that would be submitted for Regional Services to be paid?  Yes sir. 

Copies of the checks paying invoice from Regional Services.  Is that what is basically reflected on the checks.  April 10, 2009 is first check. Last check March 5, 2010.

Are you familiar with a security co called DSI.  They provided all of the security other than the limited services that Regional Services provided. 

You said earlier that you had met Bobby Snellgrove, have you ever met Mark Snellgrove?  I believe yesterday was the first day I met him. 

Would you have ever met with Mark Snellgrove with regard to security to BAMA  Jam?  No sir. 

Did you ever have a office in the Enterprise area?  Yes.  Did you ever meet Mark Snellgrove at any of those locations?  No

Thank you.

Sheffield

Do you recall a Scotty Cox and a Mr. Hatcher that worked over at Bama Jam?  No sir.

 

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