Theft Charges Against Two Former City Employees to be Dismissed upon Payment of Restitution

January 31, 2011
by: 
Dwayne Page
Kenny Waymon Dyal, Sr.
Christopher Derrick Ferrell

Theft of property charges against two former employees of the City of Smithville will be dismissed and their records expunged upon their payment of restitution in a case in which they were accused of taking scrap brass from the water treatment plant and selling it to a recycling center

45 year old Kenny Waymon Dyal, Sr. of Floyd Drive, Smithville and 42 year old Christopher Derrick Ferrell of North Mountain Street, Smithville, each charged with two counts of theft over $500 and one count of theft under $500, appeared in DeKalb County General Sessions Court Friday.

Judge Tiffany Gipson of Jackson County presided. Judge Gipson holds court in DeKalb County once a month to hear cases in which Judge Bratten Cook, II has a conflict.

Assistant district attorney general Greg Strong announced that a settlement had been reached in the case in which Ferrell and Dyal would make restitution in the amount of $1,348 jointly and severally. Once each defendant pays his half of the restitution, $674, the case against him will be dismissed and his record expunged.

Dyal was the supervisor of the Smithville Water Treatment Plant and Ferrell was a city maintenance employee and water meter reader. Neither are now employed by the city.

The warrants against them alleged that on Thursday, October 21st; Wednesday, November 3rd; and Thursday, November 4th Dyal and Ferrell took scrap brass from the city water treatment plant without consent and took it to a recycling place where they sold it for $514.50 on October 21st; $156 on November 3rd, and $677.51 on November 4th.

The brass scrap was part of the materials being removed from the water plant, which is undergoing a renovation.

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