City worker accused in funds misuse fired at lawyer’s request

Published 12:30 am Saturday, July 10, 2010

At the request of Thomas “Barry” Graham’s attorney, the Vicksburg Board of Mayor and Aldermen on Friday fired the former TV23 director accused of using city funds to purchase approximately $25,000 to $30,000 of audio equipment for himself.

Graham, also a former member of popular Vicksburg band The Chill, had been suspended without pay since Oct. 5, five days after police seized speakers, amplifiers, microphones, a lighting system and CDs from his Goodrum Road home.

Attorney Mack Varner said Friday the request for a change in Graham’s employment status was made so his client can pursue retirement benefits he had accumulated over his five years with the city. Graham has not been charged with a crime.

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“Before he could pursue those benefits he had to be officially terminated,” Varner said.

While Warren County District Attorney Ricky Smith said he is readying Graham’s embezzlement case for the July 26 grand jury, Varner said he anticipates a plea deal will be reached beforehand.

“They’ve made an offer that we think we’re going to accept,” Varner said. “I think all that will happen before the grand jury.”

Mayor Paul Winfield said he hopes any plea deal for Graham will involve a felony conviction that will require him to pay back any misused city funds.

“We have zero tolerance for employee theft, and the amount that he’s accused of stealing is a felony,” the mayor said following the board’s closed-session vote to fire Graham. “To give him a misdemeanor, I mean, that’s like a speeding ticket, and we’re talking about tens of thousands of dollars here.”

Before being placed on unpaid leave by the board last fall, Graham spent six weeks on paid leave after falling off a ladder on the job, resulting in five broken ribs. Winfield’s office contacted the state auditor about a month before the police seizure at Graham’s home.

Smith said he has received a full investigation report on Graham’s case from the state, but declined to discuss specifics while the case is still pending.

“I can only say that the findings tended to indicate that Mr. Graham used city funds to purchase equipment for himself,” the district attorney said.

Along with managing TV23 operations, Graham had been responsible for handling city communications and advertising, among other duties.

After police seized the audio equipment from Graham’s home, founding member of The Chill John Howard Dennis made clear the group owned and used its own audio equipment and had no knowledge of the equipment seized from Graham’s home. Dennis also said Graham would no longer be with the band.