FOR IMMEDIATE RELEASE
NEWS RELEASE
November 4, 2013
For More Information, contact:
Luther Strange
Joy Patterson (334) 242-7491
Alabama Attorney General
Claire Haynes (334) 242-7351
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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.
501 Washington Avenue Montgomery, AL 36104 (334) 242-7300
www.ago.state.al.us Page 2 of 2
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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