Breckinridge Co. Sheriff Todd Pate remains on the job despite ongoing protests

HARDINSBURG, Ky. (WDRB) -- He's been arrested twice, and he can't carry a gun or drive a car, but Breckinridge County Sheriff Todd Pate is still on the job, and some residents are calling for a change.

Stephanie Lynch is one of them.

On Wednesday, she stood next to her son's crashed truck. The windshield of that truck was cracked into little pieces, and its front end was smashed.

"He was in his truck in pain," Lynch said, speaking of her son. "They said at the scene he was speaking. You're supposed to be able to help your kid in pain, and I couldn't help him."

Jonathan Plemmons, 25, was recently moved to rehab after he was at University of Louisville Hospital with severe leg injuries for over a week. He was evacuated via helicopter after his crash in Breckinridge County on June 10. Immediately after that crash, he was in the hospital for hours, and his family didn't know.

"I wanted everyone to be aware that this can happen to you," Lynch said. "You can have a loved one in a wreck and not be notified because of somebody's lack of caring."

And that somebody's she's blaming is Pate.

Lynch posted on Facebook saying nobody in their family had been notified by the Sheriff's Department. She says she found out about the crash after a convenience store worker who heard about it and knows the family called to see how Plemmons was doing. Her post has been shared dozens of times.

"He has a oath to this office to protect and serve his county and citizens who come through his county, but beyond that, it's a decent human obligation to be a good person," she said.

Plemmons is the grandson of Clifford Wise, Jr. a former Meade County sheriff.

Lynch said Pate told her, had he known it was Cliff's grandson, he would have personally called to notify them of the crash. But Lynch said he didn't know, because he was at the scene, and no one notified the family.

Lynch isn't the only one upset with Pate. Johnny Embry held a sign outside the Sheriff's Office. The sign says, "Todd Pate resign now."

Small protests, ranging in size from two to eight people, have been held urging Pate to step down. Pate has been arrested for DUI twice, and as a result, he can't carry a firearm or drive a car.

"When you have the sheriff who has to have somebody else to drive him around ... is this really good for our county?" Embry asked. "Is this what we elected this sheriff for?"

WDRB News requested Pate's personnel file weeks ago and received less than 10 pages. When asked if that was the complete file, a personnel file with more than 100 pages was released, including certificates and training that Pate has attended. 

However, nothing in that file mentions his March DUI charge or another DUI charge from 2015.

In 2015, he was arrested and charged with DUI, reckless driving and terroristic threatening in Bowling Green. He did not spend any time in jail for that case, because the 30-day sentence was suspended.

The last time Pate returned to work after his 2015 DUI, he was asked if he is able to lead as sheriff.

"I think so," he said. "I think in the log run, I'll be a stronger, better sheriff."

We tried to catch up with him at a fiscal court meeting this week. But as soon as we walked in, Pate quickly left and didn't comment.

Breckinridge County Judge-Executive Maurice Lucas said he gets asked a lot about Pate but doesn't have the authority to remove him from office.

So who does? It's complicated.

Kentucky state law says "Proceedings for impeachment or removal ... may be instituted by the House of Representatives without a petition from any person." The Speaker of the House would have to put together a committee to decide whether the charge is impeachable. It would then go to the Senate.

Currently, Kentucky law does not allow a vote recall of an elected official. A 1991 report, titled, "Impeachment in Kentucky," was issued by the Kentucky House of Representatives. 

Although the report is nearly 30 years old, it is still relevant since there have been no other impeachments following the state Agriculture Commissioner’s  prior to the report’s printing.

"As it shows, there have only been four impeachments in all of Kentucky's history, counting that one in 1991, and the most recent involving a locally elected official was more than a century ago, in 1916," said Brian Wilkerson of the Legislative Research Commission. "Although this method is possible through the state constitution, it is not the route that historically has been used, especially in cases like the one in Breckinridge County."

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Democratic Rep. Dean Schamore said he is working on legislation for the upcoming session that could change that after he heard from several voters upset about Pate.

"We question whether he can really perform," Embry said. "In our minds, we believe he's a handicapped sheriff. That's what we believe."

Schamore said the only person who can impeach on his own is Kentucky Gov. Matt Bevin. Bevin's office did not respond to a request for comment Wednesday afternoon.

A document prepared by the House Democratic Caucus staff suggests that both state and case law would support the governor's ability to unilaterally impeach Pate.

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In the meantime, residents said they'll continue to protest. Niles Heggie also held a protest sign. But he doesn't think it will make a difference.

"Just like this gentleman over here, he wants to make a difference, but it's a good-old-boy system in this county," he said.

And as far as Plemmons' case, Pate said his chief deputy's priority was to get Plemmons emergency help, and he called University Hospital to see if family members were there and let the hospital know they hadn't been notified.

"I never want this to happen to anyone ever again," Lynch said. "Jonathan is loved. He has a lot of family and friends. We needed to be with him."

As a condition of his bond for his latest DUI charge, the judge ordered Pate to attend AA meetings at least twice a week and have weekly contact with his sponsor. He is also subject to random drugs tests.

There is an online petition, currently with more than 1,700 signatures, urging Pate to resign.

The Commonwealth's Attorney's Office has until July 10 to file its discovery in the case. The next pretrial conference is scheduled for Aug. 2.