Update: 5:09 Afternoon Session: State vs Bobby Snellgrove

Sandra Stokes Walden

Viewed: 5416

Posted by: Sandra Walden
Date: May 13 2015 3:18 PM

UPDATE 3:17

1:38 James Kilgore is the next witness for the State

Billy Lisenby for state

Worked for City of Dothan, Director of Utilities for 27 years

Worked for City of Enterprise, for about 7 years. 

I got to know Bobby Snellgrove through the Lions Club.  About 15 years.

 

Do you know Ashton Parrish?  We used Mr. Parrish’s services exclusively to haul food product we used.

 

I think Mr. Bobby Snellgrove had stopped by my office to talk to me about the type equipment he needed to buy to help get his son in business.  I referred him to Ashton Parrish who had some of that equipment. 

 

Later on he asked about port-o-potties.  And prices of equipment. I referred him to Ashton Parrish and told him he was a good guy and honest.

 

I picked up the phone and called Ashton and introduced him to Mr. Snellgrove and asked him how much they go for in a event like that.

 

Did you ever speak to Mr. Snellgrove about that business? No.  The only two contacts I have had with Mr. Snellgrove I was walking into a meeting and he was leaving and he said well I need to go make sure the boys have something to do.  I don’t remember the when the conversation.

 

Sheffield:

 

Mr. Bobby said he was trying to help out his son Mark to get in business, nothing hidden?  No sir.  And you told Ashton that Mr. Snellgrove was listening? Yes sir

 

Ashton Parrish question by Billy Lisenby

Been in the septic tank, portable toilets, land clearing.

 

Are there different type portable toilets that you have?  They are pretty much standard,.  Standard and handicap. 

 

Do you have any large restroom trailers? Yes sir.  They are airconditioned.

 

What type of events have you provided the portable toilets?  Events he had, Bama Jam, some at CC, one at Victoryland. Some at his house.

 

Do you recall having a conversation with Mr. Kilgore about portable toilets?  Yes I don’t know if we were coming off of Bama Jam.  He told me Mr. Kilgore was there.  He asked about how many we had and how many trucks we had.

 

Did you provide them for New Years Eve?  they ordered 5 or 7 big trailers and 30 units.  I pulled up and there was someone already unloading units.  I asked and they called Mark and he said Ronnie had already arranged for someone to provide them., take the toilets back and send them a bill.  I left the big trailers, took the others back

I billed them for the trailers but not for the toilets because I did not leave them.

 

Did you know who the other company was?  Not at that time.  Later I learned that it was Regional Portables.  I heard that it was owned by Mark and Bobby  Snellgrove.

Have you ever met Bobby Snellgrove? Not that I remember.  I have met Bobby. 

 

Attorneys have approached the bench. 

 

Taking a five minute break for the attorney’s to approach the bench. 

 

They are questioning a business card for Snellgrove Services that Mr. Parrish had in his possession. 

 

The decision was made not to use the business card.

 

Sheffield:

 

Do you remember telling me you drove up and saw Mark unloading red, white and blue port-a-potties?  Yes sir.  We were dropping Port-a-potties off.  So there were not any other port-a-potties.  So if someone told you to come pick your port-a-potties up that was not a true statement? You did not unload your port-a-potties did you?  No sir they were on the trailer.

 

Next Witness:

Pete  Smyczek for state.

 

Mark Snellgrove

I own Regional Septic Service also know as Regional Portables and the Prop Shop. 

The prop shop repairs outboard motors and other motors.  Been in business since 1989.  I started around 2007 after I left Pemco.  And I worked with them for 88 to 05.  I was unemployed probably 6 to 8 months. 

Regional Portables is a portable toilet service and pumping septic tanks.  In July of 2009 I applied for my license. 

Regional Services was as security service.  Feb.27, 2009 was when the work started.  July 29, 2010 it was closed.  Who were your clients for Regional Services?  Country Crossing.  Did  you have any other clients?  No sir. 

Smyczek shows Mark Snellgrove two stacks of paperwork.  They ask if those  papers are the ones he took to the Grand Jury?  He said they were. 

Talking about Regional Portables?  F & W Construction around August of 2009.  Did you also do work for Country Crossings?  Yes  I did 2 or 3 jobs for them..

Invoice from Regional Portables.  February 2010 invoice for a concert.  Charge $1,100 and he was paid.

Invoice for CC Concert Jan 15, 2010 for toilets. 

Invoice for CC for Dec 31, 2009 for toilets.   Charged a little over $2,000.  Were you paid for these invoices?  Yes sir. 

Does your father own any of Regional Portables?  No sir.  Do you remember being the question in grand jury?  Yes sir.  Do you remember answering it different in grand jury.  Yes sir.

He financed the equipment for me to get into business.  Is he the president?  No sir there is no president, secretary or vice  president in the company.  Do you remember answering at the grand jury and it was a different answer. 

Would you classify you father as president?  No sir, he doesn’t do any work.

Your father bought all of the equipment?  He bought the majority of the equipment to get me started.  For start up he bought all of the equipment. 

Bill of Sale for my portable pump truck, May 10, 2009.  IS that your father’s signature on there?  Yes sir. 

Invoice for portable toilets, handicapped units.  They were billed to Regional Services.  I am not sure.  I might not have had the name right when I ordered them.  I might have used Regional Services name.

Cashiers check for portable checks, remitted by Bobby Snellgrove, May 1, 2009.  Invoice signed by Bobby Snellgrove. 

They are showing a K-1 that Regional Services filed.  I don’t know what it is, it had to come from the accountant.  Do you dispute this document? I don’t know what it is.

Who is listed as owner/shareholder?  It says Bobby Snellgrove

It looks like the other owner is Mark Snellgrove?  Yes sir.  And you own 50% is that right?  According to that document.

Title to the pump truck you showed me a few minutes ago.  Who is it made to?  Bobby Snellgrove.

It looks like a trailer that I built.  It is where I applied for a trailer that I built.  Was this used as a business asset of Regional Portables?  I used it yes.

Is this the registration for that 2009 trailer?  Yes that is the year I had to get a tag for it.

Speaking of Regional Portables, you did work for a New Years Eve Party? Yes and is that the first time you did work for them?  Yes sir.  And when you arrived did you see Ashton Parrish’s toilets there?  No sir, only construction units.

When I pulled I out a saw some coming in. 

How did you get that business for the New Year’s Eve Party?  I went to Mark Sheddon and at that time I told him I would like to do some of their business.  At that time I did not know about the New Year’s Eve.  I had heard that hey were going to do some more construction and I wanted to try to get that business.

Did you know at that time that Mr. Gilley was planning to do business with Ashton Parrish.?  No that I know of.  Did you testify to something different in grand jury.

The people I talked to that were there with the trailers that I talked to were out of Montgomery.  Ashton might have contracted with them I don’t know.

Regional Services, were you the owner?  Yes sir.  It was a security company?  Yes sir.  And did you provide services at CC?  at the construction site.   Did you provide training for your employees?  No sir, I just basically told them what to do.  Did any of them have EMT training?  Yes sir.  Who?  Derrick Snellgrove, my brother.

What equipment did you have to buy for Regional Services?  Most of the time we used my truck.  I bought them security shirts and told them to wear kakis.  The shirts said Security.  They were to control entrance to the gate and patrol the  properties.  How often were they to patrol?  I left it up to them.

When I was unemployed I was looking for a venture to get into and one was Security Service and one was Portable toilets.  I went to Bama Jam and realized that they possible needed some security services.  I talked to  Chuck Taylor and he said he would let me know.  Mark Sheldon came in at the end.

Scotty Cox and called me and told me what I would need and where they could use me.  They told me I would need liability insurance of a million dollars.  Mark Snellgrove is reading for a document.  Were these notes included in what you took to the grand jury?  No sir I just found it a week ago going through some other folders.

We did not discuss Country Crossing but they said they might could use me somewhere else. 

I had some feedback from Mark Shelton but I don’t remember how it originated.   Feedback on email.

Phone call from Fox Fleming and he said they were having some equipment damages at CC and could I provide security there. 

Do you remember testifying CC with anyone was when Fox Fleming called you?  I had never been around a grand jury.  I was told to bring my records to the grand jury.  I assumed that all they wanted was for my records. I did not know they were going to ask questions.   I was not prepared to answer questions. 

Did you ever have a contract to do Bama Jam?  No sir.  Did you ever do any work at Bama Jam?  No sir.  Bama Jam was my main interest I just wanted to do it part time. 

Did you have any complaints about you employees?  There was a complaint about one guard drinking on the job.  I did have a complaint, I asked the man and asked some of his friends if he drank and they all said not.  Fox Fleming emailed me about the problem.  Mark said his belief is that  he did not drink.

Did you ever fire anyone for not showing up?  Yes sir, two. 

Did you ever have any meetings with anyone about the issues at Country Crossing?  Fox Fleming called me to meet him about the cabin.  I told them that I did not even know about the cabin and he said he didn’t either.  At that time he told me what they expected of me.  That was the first time anyone had told me what they wanted from me. 

2-27-09 was the first day I had done security work.  I had researched it a lot on the internet. 

2-27-09 Business License City of Dothan for Regional Services.  What is the date that you got licenses? 3-19-09.  That license there has nothing to do with me working out in the county.

When you went to work there did you have uniforms?  In fact you purchased uniforms the first day?  That was the day that I found out they wanted us to provide security at CC.  In fact you had to go provide the services didn’t you?  I did.  Did your wife go out there with  you?  She went for a few minutes.

Dothan Prop Shop Credit Card, did you use that for Regional Services?  I did.  This record was in Regional Services. 

You had Altell telephones at this time?  I did, yes sir.

And what is this Mr. Snellgrove?  For uniforms.  2-27-09. 

So basically you got the call and that is when you formed the company?  That is when we started working, that is not when I started thinking about it.

You had had some conversations with Mark Sheldon?  I did but I don’t know when.  You sent a email to Mark Sheldon to see if he wanted to set  pay scale or did he want me to. 

How long did y’all stay in business?  July 20, 2010.  The guy from HEDA called and said they would no longer need our services.

What is this?  Invoice from Regional Securities at CC?  Dates 8-02 invoice date 07-02.  This was for work done July 16 to July 29.  And what does it say on that?  Unpaid.  Who wrote that on that invoice? I did.  So you shut it down because you lost CC?  No Why did you shut it down?  I decided I did not want to be in the security business, you have to be involved 24-7 and there was not any money in it. 

So when you lost CC you felt that was a good time to fold?  Yes sir

Could you tell us what we are looking at?  I put in a bid at the paper mill to try to get on their bid list.  Did you end up getting this work for the paper mill? No  Can your father pull any weight out there?  I don’t know, he knows a lot of people over there. 

Break for 15 minutes

3:47 

Mr. Snellgrove when you were testifying earlier you had some notes you were referring to is that right?  Yes sir.  During the break we made copies of those notes?  Yes sir.

Mr. Smyczek is going over the notes Mark prepared.  I prepared it last week when I found out court was this week and I was going to have to testify.  Just wrote down when I started thinking about it. 

A couple of times when I asked you a while ago about a statement that you made in grand jury and a statement you made today you said it was different.  Did Mr. Sheffield show you the Grand Jury Testimony?  No sir.  Well your memory seems to be better today than two years ago.  I have seen it in the last two weeks.  How did you see it?  My dad showed it to me.

Incorporations papers for LLC.  Does this appear to be a certified copy?  It does.  July 23, 2009.  Mr. Snellgrove was this for your Regional Portables?  Yes.  Name and address of the original members are Bobby Snellgrove and Mark Snellgrove.  We did this to protect his equipment if something happened to me.  He does not do any work.  He is not your business partner he just bought your equipment?  Yes sir. 

He was a county commissioner in 2008, 2009 and 2010?  Yes sir. And at that time you were receiving money from Ronnie Gilley?  Yes sir

You have a lot of license to do the Portables and septic tanks…Yes sir.  You have to get a lot of certification don’t you?  Yes sir.

Mr. Mark you started out wanting to go to Bama Jam.  Tell the court what that says at the top.  You recognize what this is?  Yes sir.

You have come to my offices, I have asked you a lot of questions?  Yes sir.  Have I told you to lie here?  No sir.

When you set up a tax account you have to have a password?  Yes sir.  What is your password?  BamaJam.  It is not Country Crossings is it?  No sir

When you got called to come to the grand jury you did not know what you were going to did you?  No sir.  You took all of these records down there.

I was in a metal fold up chair for 9 until middle of the afternoon.  About 30 min break for lunch..   a couple of bathroom breaks.  Did you have anything to drink?  Yes sir.  Water that two of the ladies on the grand jury  gave me a bottle of water. 

You showed them all of these records showing where he bought all of this stuff for your business?  Yes sir.  And you told them he loaned you the money to start this.

Troy State Business Degree.  Prior to 2007 did you seek out a contract with Dairy Fresh?  Yes sir.  Did you ever hear from them?  No sir.

What is the start-up in the security business?  Shirts and money to pay your labor.  Very little start up costs.

DSI is nationwide isn’t it. 

There was a cost to Talledega?  I bought them for two employees.  

Pool work?  My wife’s pool.

Orthodontic?  For my son’s braces.

You made between 29 -30,000?  Yes sir.

Prop Shop your dad owns it doesn’t he?  Yes sir.  And you do all of the work don’t you?  Yes sir.  Basically he comes down to get the mail and answer the phone.  Yes sir. He had quadruple by-pass.

Annuity through blue cross, social security, retirement from county, sold a house he inherited?  Yes sir. 

HE has started several businesses. 

Regional Portable Toilets    Mark Snellgrove  on business card

Annual sewage pumper tank permit?  Is this a clean job? No sir.  2010-2011.   Everybody in Montgomery at  public health knows that you  are pumping out portable toilets. 

I believe the next permit says Mark Snellgrove doesn’t it?  Yes sir

Septic Tank Business permit from Health Dept?  It says Mark Snellgrove doesn’t it?  Yes sir

You have to go continuing education don’t you?  Yes sir. 

Houston County 2012 license

Early County GA License

Certificate of Attendance 2,19-20, 2009.  First time basic pumper class?  Yes sir.

First time basic installer class for installing septic tanks and pumping them.  You are digging and pumping septic tank, is that a clean job, no sir.  Would it be a lot easier if someone gave you a box with 50,000 in it wouldn’t it?  Yes sir.

Fox Fleming, you emailed back and forth that you had addressed the problem with the employee drinking?  Yes sir.  And you researched and found out he had only worked the George Jones Concert?   Yes sir.  This was in March right after you started up?  Yes sir.

Redirect:  Mr. Sheffield asked you if the septic tank, port-a-potty business is kind of dirty isn’t it?  Yes sir.  Are you still in that business?  Yes sir.

Do you know who ran Bama Jam?  Mark Sheldon,  Do you know who his boss is?  No sir.  Did you know it is Ronnie Gilley? No sir I knew he was involved

Your daddy showed you your grand jury testimony?  He got me a copy of mine.  Do you know when your daddy went to grand jury?  No sir.  Do you recall when you went to grand jury?  Probably Feb, it was cold.  Feb 22, 2013 does that sound about right.  That is what it said.

Your daddy testified before that.  Yes sir.  You also testified that your daddy was the only commissioner that did not take the fifth?  Did your daddy tell you that?  No sir.

Did you know a individual name Scotty Cox when you went over to Bama Jam?  Yes sir.  We grew up in the same neighborhood.  I asked for him and he came down. 

How did you find out that your daddy was the only one that testified?  Wasn’t it all over rickeystokesnews.com?  OBJECTION  How did you find out? News Media  OBJECTION HEAR SAY.

The witness is excused.  Billy Lisenby questioning

Next State Witness:  Hugh Evans   

Employed with Alabama Ethics Commission in Montgomery, 20 years,

General Counsel

Do you receive complaints regarding public officials, public employees? Yes

I review complaint and if I feel it needs to be investigated I assign it to our investigative department.

I also issue Advisory Opinions.

Mr. Evans tendered as expert witness in Ethics Law

With regard to class of individuals who does the Al Ethics Law apply to?  State employees and individuals who are elected to positions with in the State of Alabama.

Elected and some State Employees are required to file certain form to the Ethics Commission annually.

Copies of  Statements of Economic Interest Forms filed by Bobby Snellgrove in 2008, 2009, 2010

First one for calendar year 2008 filed by April 30, 2009. 

There is a place on the form that requires the individual to indicate what position he or she has is that correct?  That is correct.

Mr. Snellgrove said he was a elected official for Houston Co Commission District 2

Other than my public position my and or my spouse’s business that I am involved in for a third or more of his working time. Dothan Prop Shop, indicates that he was self-employed

This relates to family information, spouse, living children, living parents, living siblings.   Mark and Richard Snellgrove are listed as sons and one living sibling.

The next page is where there are certain professions where that person is providing consulting services.  This requires the individual to list the type of clients he provides these services to.  Mr. Snellgrove did not list anything here.

2009 filing year:

Mr. Snellgrove said he was a elected official for Houston Co Commission District 2

Other than my public position my and or my spouse’s business that I am involved in for a third or more of his working time. Dothan Prop Shop, indicates that he was self-employed

This relates to family information, spouse, living children, living parents, living siblings.   Mark and Richard Snellgrove are listed as sons and one living sibling.

Indicates that more than 50% interest in a business should that be listed on this form?  Yes

Document from Sec of State’s office that pertains to a LLC.  Do you see the name Bobby Snellgrove?  Yes sir.  Those are the initial members and organizers for a LLC.

Regional Portables, LLC

2010 Filing year.

Mr. Snellgrove said he was a elected official for Houston Co Commission District 2

Other than my public position my and or my spouse’s business that I am involved in for a third or more of his working time. Dothan Prop Shop, indicates that he was self-employed

This relates to family information, spouse, living children, living parents, living siblings.   Mark and Richard Snellgrove are listed as sons and one living sibling.

Indicates that more than 50% interest in a business should that be listed on this form?  Yes     Regional Portables listed here.

In your capacity you provide advisory opinions.  Who can ask for advisory opinions?  You have to be an interested party to ask for a advisory opinion.  Did he request an opinion on whether or not he could be involved in the decisions pertaining to Country Crossings?  To my knowledge we did not find one.

Is a adult son considered under the ethics law?  The fact that you may have a family member employed with that company makes you associated with that business.

If their action benefit the son’s business then yes it is a violation of the ethics law. 

The public official using their position to obtain the opportunity is when the ethics law is violated.

If the Adult son’s business receives money or business from a opportunity that the public official votes on the ethics law is violated. 

Sheffield:  Ethics law is confusing isn’t it?  Yes sir.  Legislature passes the law and y’all have to have a think tank to figure that out don’t you?  Yes sir

So basically what you do you get the laws, you go in a room and five guys take a vote. 

Are you the only attorney?  I am the only Attorney.  Haven’t you been wrong before and the Supreme Court voted against you.

We made a referral to the Attorney General’s office. 

You and the AG’s office work together.  You are on the same side aren’t you. 

Later on the Bessemer City Council wanted to pay the legal fees for the councilman and you said they could not pay the fees. 

You brought charges against that councilman and when it went to Supreme Court you lost? 

We have always done training.  As part of the Ethics law in 2010 the legislature decided that all public officials were to receive training. 

Objection by the State…attorneys approach the Judge’s bench.

Sheffield continues…  2008 Statement of Economic Interest

Dothan Prop Shop correct?  It says Prop Shop…Can you read the part right above Prop Shop

Name any business or subsidiary thereof that you, your spouse or dependants own more than 5% of the stock and …..LLC doesn’t have stock does it?  It doesn’t have officers?  It has members. 

No stock in LLC, he doesn’t have a dependant he has a adult child?  You receive a income?  He did not receive any income. 

Let’s say Mr. Bobby Snellgrove, He doesn’t own stock and he doesn’t receive any money.  Basically he is the owner of the business.

Let’s go to 2010…He buys equipment for his son, he is not a officer, he doesn’t own any stock and he doesn’t get any income and it is not a dependant.

Let’s go to the end of 2010 and they had some training.  And Mr. Bobby Snellgrove put down Regional Portables..

You have the same secrecy requirements as the grand jury and if you violate that  requirement you are in violation of the law. OBJECTION  Lawyers have approached the bench…

No further questions judge. 

Anything else from the state?  Just one minute.  I believe that is all your honor.

End for today>

 

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