A judge has denied enforcement of administrative subpoenas in a case against a former Port Arthur police sergeant.

Don. B. Hays, hearing examiner in the arbitration that has been going on sporadically since November pitting the city against fired officer Mickey Sterling, filed the application for enforcement through the city’s attorney Bettye Lynn. The case was heard in the 60^th Judicial District Court on Tuesday.

“The City, thru the arbitrator, filed a lawsuit to enforce three subpoenas that were issued in the pending appeal. The state civil service statute has been published for approximately 73 years and does not provide for any enforcement remedies, Bob Thomas, attorney for Sterling, said in a statement to The Port Arthur News. “The City filed this lawsuit to divert attention away from the chief’s sudden resignation within days after he testified and admitted there were multiple factual errors in the notice of proposed termination.”

Thomas is referring to Port Arthur Police Chief Patrick Melvin who testified in the Sterling arbitration and resigned his post May 19 after one of the latest hearing days.

Lynne had stated in early May that there was an amendment to the civil service commission rules allowing a district court the opportunity to enforce an administrative subpoena.

One of the issues in the case against Sterling, Lynne contends, is that three main witnesses have ignored their subpoenas to testify.

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. The case is not a criminal one; hence there has not been a penalty for the three for ignoring the subpoenas.

The Sterling appeal has cost the city $97,400.48 since July 2017 with payments to Lynne Ross Gannaway & Cranford LLP, which is the firm Lynne is with.

In addition, the confidential investigation into the police department for the dates of Dec. 22, 2016, Jan. 24, 2017, Feb. 22, 2017, April 25, 2017, Feb. 22, 2018 and March 21, 2018 total $29,258.22, according to information from the city.

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.