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Luther Strange
Alabama Attorney General www.ago.alabama.gov

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Contact: Joy Patterson
(334) 242-7491

FOR IMMEDIATE RELEASE

 November 4, 2013

AG ANNOUNCES ARRESTS OF CORONER, FUNERAL HOME DIRECTOR IN ELMORE COUNTY ON FELONY CHARGES OF THEFT AND ETHICS LAW VIOLATIONS  

 (MONTGOMERY)--Attorney General Luther Strange today announced the indictments of the coroner and a funeral home director in Elmore County on multiple felony charges of theft and ethics law violations.  Elmore County Coroner Timothy Ellison and Yancey Joe Mitchell III, director of Hillside Mortuary in Wetumpka were arrested by the Elmore County Sheriff’s Office.

Attorney General Strange’s Office presented evidence to an Elmore County grand jury on November 4, resulting in the indictments of Ellison and Mitchell. Ellison, 55, and Mitchell, 62, are both of Wetumpka.

Specifically, the indictment of Ellison makes the following charges:

  • Count one: second-degree theft of property by unauthorized control of checks valued between $500 and $2,500 from the City of Millbrook, which is a class C felony;
  • Count two: second-degree theft of property by deception of checks valued between $500 and $2,500 from the City of Millbrook, which is a class C felony;
  • Count three: second-degree theft of property by unauthorized control of checks valued between $500 and $2,500 from the City of Tallassee, which is a class C felony;
  • Count four: second-degree theft of property by deception of checks valued between $500 and $2,500 from the City of Tallassee, which is a class C felony;
  • Count five:  second-degree theft of property by unauthorized control of checks valued between $500 and $2,500 from the City of Wetumpka, which is a class C felony;
  • Count six:  second-degree theft of property by deception of checks valued between $500 and $2,500 from the City of Wetumpka, which is a class C felony;
  • Count seven: second-degree theft of property by unauthorized control of checks valued between $500 and $2,500 from the Elmore County Commission, which is a class C felony;
  • Count eight:  second-degree theft of property by deceptionof checks valued between $500 and $2,500 from the Elmore County Commission, which is a class C felony;
  • Count nine: third-degree theft of property by unauthorized control of checks valued at up to $500 from the State of Alabama, which is a class A misdemeanor. 
    • Count 10: third-degree theft of property by deception of checks valued at up to $500 from the State of Alabama, which is a class A misdemeanor; 
    • Count 11: intentional use of his official position for personal gain in violation of the state ethics law, which is a class B felony.

 Specifically, the indictment of Mitchell makes the following charges:

  • Count one: that in a matter under investigation by the Attorney General’s Office, he knowingly made a false statement to an agent of the Attorney General which is a class C felony; 
  • Count two: that he aided or abetted Ellison in second-degree theft of property by unauthorized control of checks valued between $500 and $2,500 from the City of Tallassee, which is a class C felony;
  • Count three: that he aided or abetted Ellison in second-degree theft of property by deception of checks valued between $500 and $2,500 from the City of Tallassee, which is a class C felony;
  • Count four: that he aided or abetted Ellison in third-degree theft of property by unauthorized control of checks valued at less than $500 from the Elmore County Commission, which is a class A misdemeanor;
  • Count five: that he aided or abetted Ellison in third-degree theft of property by deception of checks valued at less than $500 from the Elmore County Commission, which is a class A misdemeanor;
  • Count six: that he aided or abetted Ellison in the intentional use of Ellison’s official position for personal gain in violation of the state ethics law, which is a class B felony.

No further information about the investigation or about the defendants’ alleged crimes other than that stated in the indictment may be released at this time.

If convicted, the defendants face maximum penalties of two to 20 years for each count of the class B felony crimes and one to 10 years for each count of the class C felony crimes. Furthermore, Section 36-9-2 of the Code of Alabama states that when an officeholder is convicted of a felony, the office is vacated from the time of conviction.

 

*An indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

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