On Thursday afternoon, December 7, during his “Team Kentucky” update to the Commonwealth, Governor Andy Beshear was asked of his opinion regarding the recently settled litigation involving Trigg County Sheriff Aaron Acree, who on Tuesday, November 28, pleaded guilty to a pair of official misconduct charges surrounding Crystal Smith and Lake Barkley State Resort Park, and to a pair of menacing charges involving Smith.

In the plea agreement developed by special prosecutors, third-degree terroristic threatening and fourth-degree assault became menacing, and all four charges are classified as misdemeanors by Kentucky Statute.

Sheriff Aaron Acree was sentenced to one year in jail conditionally discharged for two years, meaning he will be on probation for that period, 24 months of probation after pleading guilty

At the end of the plea agreement, however, it was noted that the office of Commonwealth’s attorney was “fully aware” of the public interest in this case, and that a removal from office was never going to be an automatic consequence through the case’s results.

It was further issued that Sheriff Aaron Acree’s status as sheriff “rests solely in the hands of other entities, which could include, but are not necessarily limited to, the Governor of the Commonwealth, the Kentucky General Assembly,” and Trigg County’s voters.

Governor Beshear said on Thursday that he and his office needed to review not only case law from the 1950s, but also Senate Bill 80; for which he codified in 2021.

Governor Beshear called all of this a two-part process before further action will be required.

In Section 3a of SB80, it states that the certification of a peace officer may be revoked by the Kentucky Law Enforcement Council for one or more of the following actions:

1) If the officer had willful falsification of information to obtain or maintain a certified status;
2) If the officer failed to meet and/or maintain training requirements outside of an inactive status;
3) If the officer exhibited professional malfeasance and/or nonfeasance;
4) If the officer enters a plea of guilty or an Alford, or is convicted of, any misdemeanor offense including dishonesty, fraud, deceit, misrepresentation, physical violence, sexual abuse, and/or crimes against a minor or a family or household member.

The KLEC was formed September 1, 1967 behind a $37,000 grant, and it serves as the governing body of standards for training academies, law enforcement instructors, curriculum, qualifications for attendance and expulsion, voluntary career development programs and other guiding efforts.

Prior to SB80, sheriffs of Kentucky were still under the subject of indictment or prosecution through Section 227 of the state’s Constitution, with the Kentucky General Assembly holding authority to codify legislation seeking any sheriff, jailer, constable or peace officer be removed from office.

Furthermore, there were two ways of removing as sheriff from office: removal of address, which required petitioning a legislative body for said removal and impeachment, and by statute, which allows the Governor’s office to remove a peace officer for neglect of duty.

Governor Beshear said he would have an update on this matter at a later time.

SB 80 can be found here: https://apps.legislature.ky.gov/law/acts/21RS/documents/0073.pdf

One official misconduct charge involved Sheriff Acree requesting a free room at the state park lodge at Lake Barkley. He told staffers he needed the room to observe a drug transaction when it was really to meet a woman for sex, according to the court record.

FORMER TRIGG COUNTY SHERIFF JASON BARNES, WHO PLEAD GUILTY IN AUGUST 2020, TO GIVING ALCOHOL TO A MINOR  & FELONY WITNESS TAMPERING.