There may be a penalty for witnesses not responding to subpoenas in the arbitration hearing for fired Port Arthur Police Det. Mickey Sterling.

The third round of the hearing kicked off Tuesday at Port Arthur City Hall where attorney Bettye Lynn, who is representing the city, said there is an amendment to the civil service commission rules that allows a district court the opportunity to enforce a subpoena.

Lynn has tried since November to get Angela Ashcraft and resigned Sgt. Scott Gaspard and his wife to take the stand but the three have not made an appearance despite being subpoenaed.

But the case is not a criminal one, hence there has not been a penalty for the three.

The decision has made hearing arbitrator Don B. Hays file an application for enforcement with a district judge.

“If in fact the court rules I have no authority we shall proceed,” Hays said. “If the court rules that I do have the authority I will proceed with that posture. In this case the persons being subpoenaed are critical, plus this is the third time and they have not responded to subpoenas.”

Sterling’s attorney Bob Thomas was not pleased when Lynn made the announcement and worried that a district court could take 30 to 45 days to make a decision. He also worried about the possibility of asking the district court to expedite the process.

Port Arthur Police Chief Patrick Melvin was called to the stand during the afternoon portion of the hearing where Thomas asked him about his changes to police policy and directives that took place in 2017. Thomas queried Melvin’s legal authority to change policy as needed and has the final say.

Tuesday marked day eight of the hearing that first began in November, recessed until March and is back on again in May.

Sterling, a veteran officer with the department, was one of five officers placed on administrative leave in June after Det. Elie Van Horn, citing the Texas Whistleblower Act, filed an affidavit against them. Van Horn’s allegations ranged from obstruction or retaliation and misuse of official information to official oppression. Sterling was fired in June 2017.

Due to a statute of limitations police officers and fire fighters cannot be disciplined for non-criminal actions more than 180 days after they occurred. The focus of the hearing is now on Sterling’s alleged untruthfulness and insubordination during the investigation.