Some counts dropped against Pettis
A former Oklahoma City councilman is no longer charged with embezzlement, but he still faces a felony tax charge.
John Albert Pettis Jr., 36, saw three counts of felony embezzlement dropped after Oklahoma County District Attorney David Prater dismissed them Wednesday for evidentiary reasons.
Prater still is prosecuting Pettis for a charge of intentionally failing to file income tax returns. Investigators found Pettis didn't file any Oklahoma tax returns from 2009 to 2017 as an individual or for his corporations, according to a court affidavit.
He waived his preliminary hearing for the charge Wednesday to move the case toward resolution more quickly.
Pettis resigned from his seat on the Oklahoma City Council a week after he was charged in May 2018. He represented Ward 7 for five years.
He was accused of using at least $165,000 in donations from three charities for personal expenses. Prosecutors alleged he had control over the charities and lived off of donated funds for years. He made $12,000 a year as a councilman.
The district attorney said he dismissed the three embezzlement counts because he didn't have confidence in the evidence supporting them.
“I had questions on the credibility of the allegations provided to me by the witnesses for those charges,” he told The Oklahoman after the hearing.
Two of the charities, the Southern Leadership Enhancement Center and
the Oklahoma Institute for Minority Affairs, were formed to support minority groups in the state. Pettis also operated the Rhonda K. Hutson Foundation, which had a stated mission of raising funds and awareness for triple negative breast cancer.
Investigators reported they were unable to verify Pettis and the three charities performed any works for the benefit of the community.
Defense attorney Mark Henricksen said he presented evidence of charitable activities from the nonprofits. He said he didn't have the same concerns as the district attorney about witness credibility.
“We had produced significant information that Mr. Pettis had provided valuable contributions to the community from the charities involved,” Henricksen said. “I was very pleased and relieved that the embezzlement charges were dropped.”
Pettis ran for office with the goal of generating jobs and economic development, especially for historically African American neighborhoods in northeast Oklahoma City. Ward 7 stretches from the south side of Oklahoma City through a vast northeast area, touching the city's border with Edmond and Luther.
“I must put the needs of Ward 7 first,” Pettis wrote in his resignation letter last year. “As I close this chapter of my life, I still believe the best is yet to come.”
He also lost a bid for District 1 Oklahoma County commissioner in the Democratic primary election last June.
Pettis is due in court for a pretrial conference at 9 a.m. July 10.