A federal judge has dismissed a motion to dismiss the theft indictment of a Tenaha businessman who is currently serving a three-year term in federal prison for being a felon in possession of a firearm.
Roderrete Dewrayne McClure's indictment stemmed from a federal investigation into allegations that he and Fred Walker, a former Tenaha City Marshal and Shelby County Constable conspired to steal drugs and firearms from an evidence room at Walker's city office in August 2010.
In the motion, McClure's attorney contended that the U.S. District shouldn't be able to prosecute him on the indictment because of a previous plea bargain deal he had made.
"Having considered the parties' arguments, the applicable law, and the terms of the plea agreement, the court denies defendant's motion," Judge Michael Schneider wrote in his order.
is alleged that McClure and Walker stole drugs and firearms from the evidence room in Walker's city office over several months. The paperwork claims that Walker turned in an extortion letter to the Shelby County District Attorney's office from a person by the name of "Jack Frost." The letter claimed to know about Walker and McClure and said they wanted $70,000. The paperwork also says that Frost threatened the two and said he would "burn both of you down," if the two attempted to learn his identity.
The documents state FBI special agent Stewart Fillmore was asked to investigate the extortion letter. Fillmore said he was able to track the letter to a man in the Dallas area. Fillmore said he interviewed the man who told them that McClure and Walker hired him to help sell the drugs that they had stolen from the evidence locker.
The paperwork claims 500 pounds and over 2,000 grams of prescription drugs in pill form had been stolen.
According to the man, McClure became increasingly concerned that someone would discover that the marijuana and pills were missing from the evidence room, so McClure decided to stage a burglary of Walker's office to cover his tracks.
Last September, a federal grand jury indicted McClure on drug charges from the incident.
The indictment alleges McClure purchased a rifle at Walmart in Center and, on Sept. 20, 2009, shot the glass door of the constable's office in Tenaha and stole about 20 pounds of marijuana, which he then distributed.
Count two of the indictment alleges McClure and a con-conspirator removed marijuana, cocaine, and prescription drugs from the evidence room at the city marshal's office. To make it appear to be a burglary, the pair ransacked the offices of the city marshal's office, damaged the video recording system, ransacked the evidence room and "left on the floor of the Tenaha City Marshal's Office a Spanish-language document and a map of Texas indicating travel from Brownsville, Texas, to Tenaha, Texas, to make it appear that the burglary of the office was performed by members of a Mexican drug organization."
He is also accused of stealing seven guns from the evidence room and then he and his co-conspirator threw those guns into Flat Fork Creek in Shelby County.
The indictment further alleges McClure took digital images of the drugs before he stole them and used those images to facilitate the sale in the area of Dallas.
As of Tuesday night, no records of any case against Walker are on the online database for the federal courts.