The contractor for Second Baptist Church of Starkville’s stalled sanctuary expansion was arrested by the Starkville Police Department Thursday on charges of false pretense.
Donald A. Crowther, of Long Beach, turned himself in on a warrant and was booked into Oktibbeha County Jail at 12:40 p.m., according to jail records. Crowther is the president of TCM Companies, LLC, the company hired to build a new sanctuary at Second Baptist Church.
Crowther, who faces felony charges that carry up to 10 years in jail, made his initial appearance in Starkville Municipal Court on Thursday. During court proceedings, an affidavit signed by Second Baptist Church Board of Trustees Chairperson Bennie Hairston was read aloud. In the affidavit, Hairston accused Crowther of attempting to defraud the church from May 2013 until October 2015 and falsifying checks that were sent to the church as part of a payment schedule.
The Long Beach-based contractor is also facing a civil lawsuit from the church’s board of trustees. The trustees are seeking to recoup over $450,000 in church funds that were paid to TCM for the project, which stalled last fall during the dirt work stage.
In civil proceedings in Oktibbeha County Circuit Court last Monday, Crowther admitted to falsifying copies of checks TCM paid to contractors and inflating them when they were sent to Second Baptist for repayment.
“We lied to the church, basically, trying to get payment,” Crowther said during court testimony.
The false checks were initially brought to light when Quinn’s Dirt Services owner and Oktibbeha County Sheriff’s Deputy Andre Quinn discovered a discrepancy in the checks he received and deposited for work on the project and those Hairston had seen as part of a payment schedule. The actual checks Quinn deposited from TCM were for $18,491.60 and $1,000, respectively. However, copies of the same checks were presented to Second Baptist as being for $80,591.60 and $10,000.
Quinn reported the information the Starkville Police Department and made a statement for the record in the ongoing lawsuit on Jan. 16.
Last week, Crowther said that he was fearing the church, which had not secured a bank loan for the expansion, would run out of funds for the project, so he instructed his son to create a payment schedule that would secure as much money as possible. Crowther’s son now lives in the Los Angeles area, Crowther said. The payment schedule submitted by Crowther was estimated to have been inflated by over $100,000.
The charges filed Thursday do not represent the first time Crowther has faced criminal charges relating to a construction project. In 1995, Crowther plead guilty in U.S. District Court to paying $150,000 in bribes to a former Veterans Administration official while seeking $4.6 million in contracts for four jobs at the Minnesota Veterans Medical Center. He was sentenced to 21 months in prison and fined more than $425,000.
While under oath on the witness stand last week, Crowther claimed he had never offered a bribe to anybody, but instead was in a “shakedown” situation with the VA official.
“I didn’t offer any money,” Crowther said. “A federal official comes in, shaking down contractors on the job site. I agreed to pay the bribe. I didn’t offer one, I agreed to pay it. It became an issue and I pled guilty to it in 1995.”
As part of the civil litigation, Circuit Court Judge Jim Kitchens ruled that that up to $250,000 in Crowther’s funds will be held in sequestration. However, Crowther said he has less than $10,000 to his name.
Crowther’s initial attorney in the lawsuit recused himself after Crowther failed to pay him. Gulfport attorney Warren Conway represented Crowther Thursday in Municipal Court and offered no comment on behalf of his client. Gulfport attorney Rick Amos confirmed Thursday he is still representing Crowther in the civil litigation.
Second Baptist Church Pastor Joseph L. Stone is also a defendant in the trustees’ lawsuit. The trustees claim he pushed the church to hire TCM and move forward in a “financially ruinous” construction project. In court filings, the trustees have accused Stone of taking kickbacks from Crowther, but no evidence has been presented that Stone received any compensation from TCM or Crowther. The contractor and Stone’s attorney have both denied that the pastor received kickbacks or bribes.
According to a court filing from Stone’s attorney, the pastor was removed from the Starkville Police Department’s chaplain program earlier this year.
Municipal Judge Rodney Faver recused himself from the criminal matter involving Crowther, citing his law firm’s past involvement with Second Baptist. Faver’s law partner, Russell Rogers, represented Second Baptist during part of the construction planning process. Church treasurer Jackie Lindsey testified last month that Stone recommended the church terminate Rogers.
Because of Faver’s recusal, the criminal proceedings will now continue in Oktibbeha County Justice Court before likely being moved to Oktibbeha County Circuit Court, which handles felony cases.