By STEVEN CALHOUN/Staff Writer

 CLANTON – Attorney General Luther Strange announced the Monday arrest of former Clanton Police Chief Brian Alan Stilwell on two separate indictments charging a total of 12 felonies.  These include multiple charges of theft of property, fraudulent use of a credit card and use of his official position for personal gain.  Stilwell surrendered to the Chilton County Sheriff’s Office and was released on $10,000 bond.

Strange’s Criminal Trials Division presented evidence to a Chilton County grand jury on Feb. 2, resulting in the two indictments against Stilwell. The two indictments charge Stilwell with two counts of theft of property in the first-degree, nine counts of fraudulent use of a credit/debit card, and one count of using his official position for personal gain.

An indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

In one indictment, Stilwell is accused of taking money from the local Chilton County chapter of the Fraternal Order of Police by taking the organization’s bank debit card without proper authorization and using the funds for his personal gain. In the second indictment, Stilwell is accused of using his position as chief of police to unlawfully take money, which had been condemned and forfeited to the city for law enforcement purposes, from the Clanton Police Department.

“Citizens should be able to expect that law enforcement officers will be upstanding pillars of their community and to trust that they will undertake their public duties with integrity,” Strange said. “Where there are allegations of serious wrongdoing, this office will act strongly to defend the public interest and provide justice for Alabamians.”

The alleged crimes occurred between 2010 and 2015, when Stilwell was police chief of Clanton and treasurer of the Chilton County FOP.  He was placed on leave when he was arrested on April 28, 2015, for “misappropriation of funds” related to his role as treasurer for the Fraternal Order of Police Smith/Dale Lodge 31.

In May 2015, Judge Glenn Goggans ruled that there was probable cause on the two charges against Stilwell and bound them over to a grand jury.

On October 16, 2016, Stilwell’s contract was not renewed. The case was subsequently presented to a grand jury this month, resulting in the current indictment.

No further information about the investigation or about the defendant’s alleged crimes other than that stated in the indictments may be released at this time.

If Stilwell is convicted, the potential penalties are two to 20 years for each count of theft of property in the first-degree, a class B felony; two to 20 years for each count of use of official position for personal gain, a class B felony; and one to 10 years for each count of fraudulent use of a credit/debit card, a class C felony.

Strange commended Assistant Attorney General John Kachelman of his Criminal Trials Division and thanked Special Agents of the Alabama Law Enforcement Agency for their assistance in the investigation and the arrest in this case.

Following the indictment, Stilwell’s attorney released a statement claiming the investigation was incomplete and that there is no evidence that Stilwell ever personally benefitted from the funds in question, or “any money raised or possessed by any law enforcement agency.”

“Stilwell … strongly denies the each and every charge brought against him and he is confident his innocence will be established in court,” attorney Dan Taliaferro wrote. “The state has incompletely investigated this matter and has failed to contact the many witnesses who will testify that they received charitable funds when they were in need. Other witnesses will establish that money the state contends was illegally taken was instead used to pay for law enforcement equipment and services that benefitted law enforcement officers and the Clanton Police Department.”