According to the report prepared by KSP Detective Don Mullikin, in October of 2000 an anonymous tip came into the Kentucky State Police that there may have been some impropriety in the use of public funds by then Eminence EMS President and current Eminence Fire Chief Gary Lucas.

According to KSP Post 5 Public Affairs Officer John Bradley, who spoke on behalf of Det. Mullikin who was unavailable for comment, the report states that on September 24, 1999, Lucas purchased a 1995 Ford Crown Victoria with a check from the Eminence EMS at a Kentucky State Police surplus auction in the amount of $3,050. Following the purchase, Lucas registered the vehicle is his name and allegedly used the vehicle for personal purposes as well as in his capacity as EMS president.

The KSP report states that a two-member board said the purchase was “permissible,” but could not determine if that approval came before or after the purchase. Lucas was one of the two members on the board.

The report also indicated that $3,050 had been paid back as of April 17, 2001, a year and a half after the purchase.

The Eminence EMS treasurer at the time, Darlene Smith, said Lucas had requested a blank check from her to “pay a bill.” Checks that made payments for the EMS required two signatures, that of the treasurer and either the president or vice-president. It was not unusual for Lucas to request checks previous to receiving a bill or invoice, so Smith signed her name to the check and gave it to him.

“When the check came back and I saw what it was for, I asked him about it,” Smith said. “He (Lucas) told me he had the intention of paying it back.”

Smith said she spoke with a county official regarding the purchase and was told that it would “be taken care of.” To her knowledge, when Smith left the EMS and her office as treasurer in May of 2000, Lucas hadn’t paid back any of the money.

Without knowing the details of the findings described in the report, County Attorney Virginia Harrod suggested that possible charges stemming from such an offense could include a felony charge of theft or a high misdemeanor charge of malfeasance of office.

The fact that the investigation concluded after the money was paid back clouds the issue of theft, and the uncertainty of whether or not Lucas, who may or may not be considered a public official, acted with or without authority in making the purchase brings into question the charge of malfeasance of office, according to Assistant Commonwealth Attorney Bill Croley.

Croley, who said that his office had “been in the loop on this” for less than six weeks, has reviewed the report, submitted nearly two years after the alleged incident, as has Commonwealth Attorney Kim Snell. Croley said his office would be making a decision within the next week or two whether or not to present the case to the Henry County Grand Jury.

Croley said he could not speculate what possible charges, if any, would be brought against Lucas, but did say that the statute of limitations on a misdemeanor charge was 12 months from the date of the offense.