Citizen claims author of deceptive letter to City should be prosecuted for Mail Fraud (View video here)

July 13, 2021
By: Dwayne Page

The daughter of local resident and longtime businessman Jimmy Driver wants federal mail fraud charges brought against the person who sent a letter to the City of Smithville falsely in the name of her father complaining about the condition of the Town Cemetery.

Kim Driver Luton said her father never sent the letter and the person responsible should be prosecuted because it has created a firestorm of controversy. Luton added that she is disappointed in the way city officials handled the matter claiming they should have tried to contact her father to authenticate the letter.

During the public comment period of Monday night’s meeting, Luton addressed the Mayor and Aldermen.

“Last month, the city received a letter allegedly from Jim Driver concerning the Smithville Town Cemetery. The letter stated the “conditions were deplorable” and demanded action from the City. This letter was not sent by my father, Jimmy Driver, and I am disappointed in the way the City handled this matter. The letter has no return address, no phone number, and was not signed. Someone typed “Jim Driver” at the end of the letter. My father signs everything “Jimmy Driver”, said Luton.

“I think someone should have tried to contact my father to verify that the letter came from him. Instead, the City got in touch with Dr. Mary Evins who voluntarily oversees the Smithville Town Cemetery Association, to let her know about the complaint. This started a firestorm which has created an opportunity for us to discuss the cemetery,” Luton continued.

Mayor Josh Miller said when the city received the letter his first thought was to make sure the city had not failed in fulfilling an obligation to maintain the cemetery.

“I wanted to make sure it wasn’t the city’s responsibility to keep it up. I wanted to make sure we were not dropping our responsibility on that. I called (Alderman Shawn) Jacobs and wondered if the city at any time had ever maintained that cemetery and we haven’t to my knowledge,” said Mayor Miller.

“Smithville Town Cemetery was chartered in 1838. The management of the cemetery is handled by the Smithville Town Cemetery Association, a strictly non-profit, volunteer organization. Tommy Webb, DeKalb County Historian, managed the association until 2019, when Dr. Mary Evins volunteered to take it over. The association receives no money or any help from the City, and relies strictly on donations to maintain and repair the cemetery,” she said.

“There is a good chance that some of you have ancestors buried in Town Cemetery. If so, you are an automatic member of the Smithville Town Cemetery Association. The association needs your help, and it needs the City’s help. The association has a facebook page where the Beautification Committee posted information concerning plans that are underway to restore the wrought iron fence around the cemetery and other maintenance projects. Anyone can help my making a donation which can be mailed to 300 East Main Street, Smithville 37166,” said Luton.

“As far as the bogus letter, we would like to get the original letter and envelope to deliver to the U.S. Post Office to file federal mail fraud charges. There is still someone, who falsely used my father’s name as well as tried to cause a lot of problems between the City, the Drivers, and the Evins’. My only hope is that the City will verify the authenticity of such inflammatory letters in the future,” Luton concluded

City administrator Hunter Hendrixson said Luton was welcome to the letter and the envelope it came it.

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