The southwest Nebraska Sheriff who was recalled by voters last month after refusing to resign despite being denied certification as a law officer now faces a more serious legal problem criminal charges.
42-year old Clinton “CJ” Smith of Benkelman was arrested Friday as part of an investigation into firearms missing from the Dundy County Sheriff’s Office.
Smith was lodged in the Dundy County Jail in Benkelman, the jail he used to run, but was released after posting bond on charges of theft by unlawful taking and possession of a stolen firearm.
The weapons case began when an inventory conducted by the sheriff’s office after Smith was removed from office found that four department-owned handguns were missing.
Nebraska State Patrol investigators on Friday served a search warrant at Smith’s home, located one of the 4 missing guns, and took Smith into custody. The investigation remains ongoing.
Dundy County voters last year elected Smith over a write-in candidate, even though he hadn’t yet obtained training or certification to be a Nebraska law enforcement officer.
State law allows uncertified candidates to run as long as they become certified within 8 months of taking office. In February, Smith applied under a reciprocal provision that accepts certification from another state,
Smith said he had up-to-date authorization in Colorado, working for a county sheriff in the jail and as a reserve officer, but an investigator doing a background check found his certification lapsed in 2017 and that he never worked as a fully certified officer.
Smith was offered the chance to apply for the state’s full normal training program, but was eventually rejected due to “a pattern of misrepresentation,” including problems in his work history, criminal and traffic history, (and) disciplinary actions.
He requested a “Good Cause Hearing” before the Police Standards Advisory Council and argued he completed the application the best he could while being challenged “with the set of complicated regulations” that made the application process difficult.
The Council, almost entirely law enforcement officers, unanimously rejected Smith’s request and started fining him the equivalent of his monthly salary as sheriff. The Dundy County Commissioners then unanimously voted to stop his paychecks.
When Smith refused to resign, a recall campaign began, leading to the election that saw him get only about 10% of the vote. He has since filed a federal suit challenging the election, saying it should not have been held because it was based on false allegations made by his opponents.
     The suit, which Smith wrote without an attorney, also claims his constitutional rights were violated when he failed to get certified as a law enforcement officer.