Attorney says he found no evidence of wrongdoing

An attorney hired by the City of Odessa to investigate claims of bullying made by former Downtown Odessa Executive Director Casey Hallmark announced Tuesday he found no evidence of wrongdoing by Mayor Javier Joven and Council members Mark Matta and Chris Hanie.

Tommy Sheen of Davidson Sheen said he spoke with several witnesses and reviewed emails and videos before coming to his conclusions.

“There is not sufficient evidence to support a finding that Ms. Hallmark was bullied by the mayor, by Councilman Matta or Councilman Hanie,” Sheen said.

Matta declined to comment following the meeting and Joven objected strenuously when asked for a comment by an Odessa American reporter.

“Are you going to quote this because you sure put a lot of misquotes in there about me and my family. Are you going to write the truth now?” Joven said, shaking Sheen’s report.

When assured he, Sheen and Hallmark would be quoted, Joven responded, “Tell the truth. That what I want you to do. For once. Tell the truth,” Joven said.

When pressed for a quote regarding his reaction to Sheen’s conclusions, Joven responded, “Why do I have to declare my innocence when nothing ever happened?”

Joven was then ushered away by newly hired communications director Monica McDaniel, who said, “Why don’t y’all talk later, I’m sorry.”

Hallmark said she is standing by her statements, but she’s ready to move on.

“I know that everything that I said was 100% true. I had no reason to lie. I had everything to lose by coming forward, which I did,” Hallmark said.

Hallmark made headlines in mid-December after accusing Joven and Matta of bullying her and newly elected City councilmember Chris Hanie of screaming at her. During a Jan. 10 city council meeting, Hallmark went into more depth about her allegations, accusing Hanie of using the “F” word during a tirade.

Specifically, Hallmark claimed Hanie was upset she’d created a banner identifying him as a councilperson for the Parade of Lights event. She said he got within six inches of her face and said, “I’m not a (expletive) councilperson, I’m a councilman and I will be referred to as such.”

Sheen said Bobby Swanner, Council member Denise Swanner’s husband, and Hanie’s stepdaughter were standing nearby when the alleged tirade took place but told him Hanie never got unusually close to Hallmark and they never heard any yelling.

Hallmark alleged she met with Joven several times shortly after she was hired in January 2022.

Three weeks into her job, Hallmark claimed Joven refused to shake her hand prior to a city council meeting, called her a “crazy liberal” and said he was ready to accept her resignation. She further said during a meeting in her office Joven told her to watch her back because the Odessa Police Department was full of murderers. She further said he refused to address her by her maiden name because he thought it “ungodly” for her to use it.

Hallmark also felt threatened by Matta when he called her out in an email for becoming Facebook friends with Odessa Whistleblowers, who had made salacious claims about Matta and Joven.

Hallmark resigned from her position in January, saying she didn’t think the current climate was a “good fit” for her and she’s accepted a position elsewhere.

Sheen noted Joven, Matta and Hanie all “categorically” denied the allegations and due to a lack of witnesses and video evidence, most of the allegations ended up being instances of “she said, he said.”

He noted Joven had no power to hire, fire or discipline Hallmark and while he did refer to Hallmark by her married name during a few council meetings, he quickly corrected himself.

Sheen, whose contract states their billing rate is $195-$375 an hour, also said he found no evidence for a never-before-revealed allegation made by Hallmark.

Hallmark, Sheen said, alleged Joven once sat in her office and recounted a story to her about OPD officers being involved in an incident with a prostitute west of town that was covered up. She said Joven told her the prostitute was injured, taken to the hospital and died when the power went out.

Sheen said Hallmark’s predecessor at Downtown Odessa told him she was sitting within 20 feet of Hallmark and Joven during their meeting and she never heard any of those remarks.

However, she did say Hallmark told her about Joven’s refusal to shake her hand three weeks after she was hired and the alleged comments he made that day, Sheen said.

“I did not see any evidence of any discussion prior to the meeting involving Ms. Hallmark and the Mayor where there was any indication of a handshake, however, to be fair, the video that is showing only goes up to these seats. So I can’t say with absolute certainty that something like that didn’t occur by the video evidence. All we can see is the dais and most of the meetings begin with you guys saying the pledge.”

Following Tuesday’s meeting, OPD Chief Mike Gerke said his officers get called all kinds of things on a daily basis and allegations are just allegations.

As for the newly revealed allegations about the dead woman, “You and I both live in a world where we deal with facts,” and no one has provided any factual basis for that story, Gerke said.

The department takes allegations against officers very seriously and discipline is meted out when appropriate, Gerke said.