District Attorney Torry Johnson addresses questions from reporters alongside TBI Director Mark Gwyn.
The threat of facing a grand jury helped convince Davidson County Clerk John Arriola to resign after a fight to keep his job. News reports and then multiple audits uncovered mismanagement in his office. Prosecutors say resignation is the most “beneficial resolution” because there were “no clear-cut violations of criminal law.”
The questionable practice that got the most attention from investigators was the nearly $120,000 he had collected in wedding gratuities, which appeared to be more like mandatory fees.
It was a question of “semantics,” says District Attorney Torry Johnson. And in court, Johnson says prosecutors would have to convince jurors that the clerk really was charging a fee.
“We might very well have been successful, but we might not have been. And in the meantime, we would have taken a year – or longer if the matter were appealed – all the while Mr. Arriola would still be in office.”
If Arriola had not offered to resign, Johnson says he would have faced one count of official misconduct. Arriola’s campaign treasurer – who had been put on the clerk’s payroll – also agreed to step down.
The Metro Council will now move forward with finding a replacement, but Arriola will be safe from prosecution. He leaves a job that pays $115,000 a year. To those who were hoping for stiffer punishment, DA Torry Johnson says that’s not how the justice system works.
“There’s not a quick and easy way to remove somebody from office that people have decided should be removed based primarily on news reports. That’s why we don’t do that. I mean, if that’s all it took, there’d be people being kicked out of office left and right for all kinds of things.”
Investigating public officials takes a more “measured” approach, Johnson says.
However, Arriola joins former Criminal Court Clerk David Torrence who resigned last year after news reports about his work habits and a subsequent legal probe.
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