During his Thursday afternoon “Team Kentucky” update to the Commonwealth, Governor Andy Beshear was asked of his opinion regarding the recently-settled litigation involving Trigg County Sheriff Aaron Acree — who, on November 28, pleaded guilty to a pair of official misconduct charges surrounding Crystal Smith and Lake Barkley State Resort Park, and to a pair of menacing charges involving Smith.
In the plea agreement developed by special prosecutors, third-degree terroristic threatening and fourth-degree assault became menacing, and all four charges are classified as misdemeanors by Kentucky Statute.
At the end of the plea agreement, however, it’s noted that the office of Commonwealth’s attorney was “fully aware” of the public interest in this case, and that a removal from office was never going to be an automatic consequence through the case’s results.
It was further issued that Acree’s status as sheriff “rests solely in the hands of other entities, which could include, but are not necessarily limited to, the Governor of the Commonwealth, the Kentucky General Assembly,” and Trigg County’s voters.
Beshear said Thursday that he and his office needed to review not only case law from the 1950s, but also Senate Bill 80 — which he codified in 2021.
He called all of this a two-part process before further action be required.
In Section 3a of SB80, it states that the certification of a peace officer may be revoked by the Kentucky Law Enforcement Council for one or more of the following actions:
1) If the officer had willful falsification of information to obtain or maintain a certified status;
2) If the officer failed to meet and/or maintain training requirements outside of an inactive status;
3) If the officer exhibited professional malfeasance and/or nonfeasance;
4) If the officer enters a plea of guilty or an Alford, or is convicted of, any misdemeanor offense including dishonesty, fraud, deceit, misrepresentation, physical violence, sexual abuse, and/or crimes against a minor or a family or household member.
The KLEC was formed September 1, 1967 behind a $37,000 grant, and it serves as the governing body of standards for training academies, law enforcement instructors, curriculum, qualifications for attendance and expulsion, voluntary career development programs and other guiding efforts.
Prior to SB80, sheriffs of Kentucky were still under subject of indictment or prosecution through Section 227 of the state’s Constitution, with the Kentucky General Assembly holding authority to codify legislation seeking any sheriff, jailer, constable or peace officer be removed from office.
Furthermore, there were two ways of removing as sheriff from office: removal of address, which required petitioning a legislative body for said removal and impeachment, and by statute, which allows the Governor’s office to remove a peace officer for neglect of duty.
Beshear said he would have an update on this matter at a later time.
SB 80 can be found here: https://apps.legislature.ky.gov/law/acts/21RS/documents/0073.pdf
