Payne Released On Own Recognizance

Nineteen-year-old Thomas Jake Payne of Quinlan was released from jail on his personal recognizance. Possibility of prosecution seemed slight this week with his release and in the absence of charges by prosecuting witnesses.

Payne has been the subject of an ongoing case since he was first arrested Aug. 28 by Quinlan Police Officer Richard Gomez. He was held on multiple misdemeanors and two felonies, released and arrested again.

Hunt County District Attorney Noble Walker said Monday that he still did not have cases from the arresting officer. "They still haven’t brought those."

"He’s out of jail," Walker said. "We agreed to a personal recognizance bond." The district attorney said the only thing on which Payne had been held in jail was potential cases.

"The thing is, they can still bring those cases and I will review them," Walker said.

When asked if the cases would be dismissed against Payne if they were filed, he answered, "That is a possibility."

He said when the officer bringing the charges is no longer available for prosecution, "it is a very, very strong factor." Walker said in previous similar cases, where the officer was not available, the case was pretty much over.

Quinlan Police Chief Johnny Thornburg restated Tuesday that he thought Officer Gomez delivered the felony cases to Walker’s office at the same time as he took the misdemeanor cases to Hunt County Attorney Joel Littlefield.

Littlefield’s office told The News Tuesday that the misdemeanor cases were never delivered to them and that was the reason the charges were dropped against Payne.

Thornburg said he was still attempting to contact Gomez regarding what he did with the cases. The police chief said that he had instructed the former Quinlan officer to take the cases to both the district attorney and county attorney. He said he thought the instructions had been carried out.

Thornburg said "the odds were against" the charges being prosecuted after the officers’ employment was terminated.

The felony charges were aggravated assault against a public servant and attempt to take a weapon from a police officer. Misdemeanors were resist arrest, search or transport, failure to identify giving false or fictitious information, failure to identify fugitive intent and escape from custody.

Three Quinlan officers, including Gomez, were fired by the Quinlan City Council after an investigation into Payne’s second arrest that took place in September at a Campbell motel.

Payne’s mother, Karla Whitehead, appealed to the city council to fire the three officers after his arrest in September at the Campbell motel. She claimed that her son was beaten during the arrest.

Payne was first arrested Aug. 28 by Officer Gomez. He allegedly escaped, and Gomez said the suspect kicked him in the head and attempted to take his gun.

Constable Kent Layton took Payne into custody the following day, acting on a tip that he was in the Walmart parking lot. He was later released on bond. Payne was arrested again the following week at the Campbell motel.

Officer Jeremy Humphrey was fired the next day by City Consultant Billy Green. Green said Humphrey failed to pass required tests during his probationary period of employment the day after the Campbell arrest. Officer Gomez and Sgt. Daniel Skurlock were fired by the council at a special meeting.