Gay constable faces sexual harassment investigation in Dallas

by David Webb of Dallas Voice

The Dallas County District Attorney’s office is hiring an outside firm to investigate allegations that gay Precinct 5 Constable Mike Dupree sexually harassed some of his male employees.

The Dallas County District Attorney’s office is hiring an outside firm to investigate allegations that gay Precinct 5 Constable Mike Dupree sexually harassed some of his male employees.

The Dallas County Commissioners Court on Tuesday, Feb. 27, ordered the district attorney’s office to launch the investigation. On the same day, Dupree left his office on a two-week vacation, according to a member of his staff.

Trista Allen, a spokeswoman for the district attorney, said the investigators would probably be appointed and approved by next Tuesday, March 6, when the commissioners court meets again.

“It’s going to move pretty quick,” Allen said.

John Barr, an Oak Cliff lawyer who is representing Dupree, denied that the constable had done anything illegal or unethical. He vowed that Dupree would return to work and fight any effort to force him out of office.

“This is an attempt to just run this guy out office,” Barr said. “He’s coming back.”

Barr said Dupree’s gay employees have complained about straight employees — including at least one supervisor — referring to the constable as a “fag” behind his back and of making other derogatory remarks about gay people in front of them.

Commissioner Kenneth Mayfield, who is spearheading the effort to investigate Dupree, said an outside firm is being hired because it is not a criminal investigation at this point.

The commissioner said the complainants alleged that Dupree asked them out on dates and that he inappropriately touched them.

“There may be some criminal things that come out of the investigation,” Mayfield said. “If that happens it will be turned over to a law enforcement agency to investigate.”

Mayfield said the commissioners court made the decision to investigate complaints that Dupree had created a hostile work environment after two employees alleged the constable was sexually harassing them. A deputy constable, a clerk and a supervisor who corroborated the allegations filed the complaints, he said.

Mayfield said the complaints followed recent published reports about Dupree’s alleged romantic involvement with a 25-year-old Honduran native who was arrested and deported, reportedly at the behest of the constable. Those reports apparently influenced the complainants to come forward, he said.

More complaints from former employees who resigned because of similar experiences are expected to surface, Mayfield said.

Mayfield, who described the complainants as young Hispanic males, said Dallas County officials began talking to Dupree about the allegations after the complaints were first received. The constable was given a deadline of Feb. 23 to resign or face an investigation, he said.

Mayfield said Dupree’s attorney told county officials Dupree would resign, but the constable failed to meet the deadline.

“These are very serious complaints,” Mayfield said. “I believe there will be an application for removal from office filed against him, and that the three individuals will be the plaintiffs.”

Mayfield said allegations have also been made that Dupree destroyed some county documents.

“He cleaned out his office and desk, I’m told,” Mayfield said. “He apparently called all of his people in and told them he was resigning.”

But two of Dupree’s employees deny that Dupree told them he was resigning or that he cleared out his office or even his desk.

Chief Deputy Robert McIntyre said Dupree took only some papers with him when he left.

“Everything he took out of here he had in one hand,” McIntyre said. “He’s on a two-week vacation. That’s what he told us here.”

Aaron McCarty, a constable’s deputy who is gay, said he also understood that Dupree was only on vacation. He was told the vacation was already planned, he said.

“He’s not resigned, he has not had any meetings with us and he’s not cleaned out his office,” McCarty said. “It’s business as usual.”

McCarty said that he had never observed Dupree acting inappropriately with any of his employees. The complaints are likely being orchestrated by people who were disciplined and transferred because of low productivity, poor work and spreading rumors, he said.

“I can you tell that I myself have been called a fag by supervisors of the department basically to my face,” McCarty said. “Supervisors have called the constable a fag in open meetings.”

McCarty said he is hoping that the investigators ask him questions about the constable and his management of employees.

“I’ve never seen the constable mistreat anyone,” McCarty said. “He treats people the way they should be treated.”

Barr said he is representing Dupree pro bono because he is outraged by what he perceives to be an attack on the constable motivated by bigotry and politics. Mayfield is a conservative Republican and Dupree is a Democrat.

“I’m helping this man,” Barr said. “I’m not gay, but I don’t think gay people ought to be run over.”

Barr praised Dupree for his success in fighting crime in Precinct 5.

Barr said Dupree might have exercised poor judgment by asking some of his employees to join him for lunch or on other social outings, but that none of it rose to the level of a code of ethics violation or criminal behavior. He denied that the constable had touched anyone inappropriately.

Shannon Bailey, president of Texas Stonewall Democrats, said he is also concerned that the investigation of Dupree is politically motivated. If Dupree were removed from office, the Republican-dominated commissioners court would appoint his successor, he noted.

“I think the Republicans are thinking they can use this to their advantage,” Bailey said. “It’s just classic Republican personal destruction.”

Bailey said he found it ironic that Mayfield, who is also a defense lawyer, is leading the attack on Dupree because a female court reporter and a female prosecutor accused him of inappropriately touching them about 10 years ago. A grand jury in December 1997 declined to indict the commissioner on two counts of public lewdness and one count of assault by offensive touching, according to a Dallas Morning News report.

“I can’t believe he would be the one doing this,” Bailey said.

Court administrator Allen Clemson said he will not be sure until the order is signed, but he believes that all of the court, which includes two Democrats, has approved the order for an investigation. County Judge Jim Foster, a Democrat, is also openly gay.

Bailey said he is disappointed that Dupree has not talked with Democratic Party leaders about his troubles. The announcement of the investigation this week shocked everyone, he said.

“I’m a little disappointed in the way it’s been handled,” Bailey said. “It’s disappointing for the community.”

Barr said at one point Dupree was considering resigning, but that’s no longer an option.

“Mike was feeling like everybody was beating up on him and maybe he ought to get out of the way and not do any harm to the community,” Barr said. “But now that they’ve gone and said he is under investigation and we’re going to have a big press inquiry — hell, no we’re not going to resign. Bring it on.

Let’s see what you’ve got. Let’s fight.”

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