Ex-Leighton mayor avoids prison time

Birmingham - Robert Ricks smiled broadly while walking out of a federal courtroom Wednesday after learning he would not go to prison on extortion charges.

U.S. District Judge Virginia Emerson Hopkins sentenced Ricks, the former mayor of Leighton, to one year of probation and house arrest for his September conviction of extorting money from a mechanic who repaired the town's vehicles.

"I feel good," Ricks said. "I feel great. I feel like a 100-pound weight has been lifted off my head."

A pre-sentencing report for Ricks had recommended he receive a prison sentence of 33 to 41 months.

Hopkins said she reviewed the trial transcript twice and researched his past before reaching her decision.

"I have given consideration and weight to Mr. Ricks history and characteristics. He has no prior criminal record," she said. "His conviction is certainly not consistent with his prior life of 60 years."

Only minutes earlier, Ricks, dressed in dark gray suit, dress shirt and tie, had stood before Hopkins and denied any wrongdoing.

"I was trying to do the best I possibly could for the town. I was really trying to do the best I possibly could," Ricks said. He told the judge that he teaches Sunday school and is a deacon at New Life Baptist Church in Leighton.

Ricks was Leighton's mayor from 2001-04. He was a town council member from 1978-2001.

During the trial, which took place in Huntsville, John Cox, who operated an automotive repair shop in Leighton from the late 1990s until 2002, testified that he would sometimes inflate invoices for repairing the city's vehicles or submit false invoices at Rick's request. Cox testified that he and Ricks would then split the money.

Prosecutors estimated the town lost $2,000 to $3,000 to the scheme.

Ricks testified during the trial that he never extorted money from Cox or used his position as mayor for personal gain.

Before making her ruling Wednesday, Hopkins said she found Cox's testimony "problematic."

Hopkins sustained an objection by defense attorney Tim Case, of Muscle Shoals, to a recommendation in the pre-sentencing report. The report recommended that Ricks receive additional prison time for obstructing justice because he gave false testimony during the trial.

U.S. Attorney Russell Penfield argued that Ricks committed perjury and obstructed justice by denying he participated in a kickback scheme with Cox.

Case contended that Ricks was simply testifying on his own behalf and did nothing wrong.

After hearing arguments from the attorneys, Hopkins said, "I frankly found Mr. Rick's testimony as believable as Mr. Cox's."

Before Hopkins announced the sentence, Rick's wife, Georgia, asked for leniency.

"He never took anything from anybody. I ask you your honor to have mercy on my husband," she said.

Case asked Hopkins to give Ricks a suspended sentence instead of ordering him to prison.

"I ask you not to judge him not by the worst day of his life, but judge him for his entire life," Case told the judge.

Penfield asked that Ricks be sent to prison as punishment.

"We don't ask you to judge the defendant at all on his worst day or his best day," Penfield said. "What we're asking you to do is judge the defendant's actions."

Ricks displayed no visible emotion as Hopkins announced her decision. As he left the courtroom, though, he was obviously pleased and hugged family members and friends who had traveled to Birmingham for the hearing.

Details of Rick's house arrest have not been finalized but Hopkins said Ricks would not be required to wear an electronic monitor.

After the hearing, Case said he and Ricks are pleased with the decision. "We're very thankful for Judge Hopkins' decision. We are also grateful for his family and friends who have supported him through this ordeal."

Penfield said he was disappointed the sentence did not include prison time. "We asked for and were hoping for a higher sentence but we are very pleased that he was convicted and it will remain on his record that he stole from the Town of Leighton."

Dennis Sherer can be reached at 740-5746 or dennis.sherer@timesdaily.com.