Anniston councilman resigns in plea deal to end court cases

Anniston, Al.
Anniston police, whether they intended it or not, played a key part in the events leading up to a city councilman’s resignation Monday.

Anniston City Councilman John Spain resigned Monday afternoon as part of an agreement with the District Attorney’s Office that wipes two cases off Spain’s legal slate.

Anniston police officers have found themselves at the center of both of the misdemeanor cases against Spain; in one, the pivotal evidence against the councilman lies squarely with the witness testimony of Anniston officers. In the other, Spain allegedly violated a statute governing Anniston’s city-manager act when he ordered a city police captain to give him investigation records.

Two of the last officials to leave the Anniston headquarters Monday evening, police chief Layton McGrady and Lt. Fred Forsythe, declined to comment on Spain’s resignation or the deal struck with the district attorney.

That afternoon, McGrady had said he was satisfied with the agreement and attended the courthouse meeting in which it was struck. But the chief said he had no comment past that, noting the arrangement was solely “the DA’s deal.”

Still, Spain’s resignation is tied, at least in part, to the Police Department.

The councilman ran afoul of the law at a September council meeting when an argument between Spain and Mayor Gene Robinson escalated into a physical altercation.

Spain was arrested and, after a three-hour hearing in October, convicted of misdemeanor assault for choking the mayor during that altercation.

District Judge Beth Rogers found Spain guilty after that Oct. 7 hearing largely as a result of witness accounts from Robinson and two Anniston police officers who saw the elected officials’ fight.

Michael Webb, the first officer to take the stand, testified that “Spain had the mayor by the neck.”

The second officer, James Harrington, told the judge that Spain didn’t respond to his commands to “gently move off” Robinson.

Soon after the hearing, Rogers ruled that the councilman was guilty and sentenced him to a year’s probation.

Spain began the appeal process in circuit court, but only weeks later faced another criminal charge involving orders he gave to a captain at the Anniston Police Department.

On Nov. 2, the councilman was arrested and charged with a violation of a state law commonly known as the council-manager act.

Anniston police presented evidence for the charge, showing that in January, Spain ordered Capt. Shane Denham to give him the front and back pages of a crime report.

The state law forbids any city official other than the city manager from giving direct orders to city employees.

Spain faced a dismissal from office if he was found guilty of violating the law.

But the Monday deal means that Spain leaves office much sooner — the letter he forwarded to the city states his resignation is “effective upon acceptance.” It also means the dismissal of both criminal cases against him and a lawsuit that he filed against the mayor.

But one lawsuit against Spain still stands: McGrady and Anniston’s Fraternal Order of Police filed suit against Spain and Councilman Ben Little in November, stating the councilmen constantly harass Anniston police and, in some instances, endanger their lives. Dozens of Anniston police officers also are listed as plaintiffs in the suit.

McGrady confirmed Monday night that suit will go forward in spite of Spain’s recent deal with the DA’s Office. The first court hearing in that case is set for Dec. 19.