‘Stop abuse of power.’ Fayette County constable races heat up over office’s role
A Fayette County constable who has been mired in legal problems while in office faces two challengers in the Democratic primary election on May 17.
Incumbent Wade McNabb, who was elected to the office in 2018, has served for four years as District 1 constable. He faces lawyer Andrea Welker and James “Smitty” Smith, a deputy constable in District 2.
In District 2, Jim McKenzie, who formerly held the position, faces current deputy constable Nickolas Hart in the Democratic primary. In District 3, incumbent Ed “Eddie” Sparks faces Rohaun Woodward and Robert Curtsinger in the Democratic primary.
No Republicans have filed to run in the three constable districts.. The May 17 primary will decide the race.
Fayette County’s three elected constables and their staffs handle evictions and serve legal papers. Instead of salaries, they receive fees paid by parties in litigation.
A new state law would require newly elected constables or deputy constables to receive peace officer training before they could serve as a peace officer. Incumbent constables and deputy constables do not have to receive the additional training to serve as peace officers.
What roles constables should play has taken center stage in all three races.
District 1
McNabb, who has a law degree but is not currently practicing as a lawyer, has had a tumultuous four-year tenure as constable District 1.
McNabb, former deputy Danny Prater and deputy constable Tony Coffee were all convicted of improper use of police lights on their constable vehicles in April.
Each were charged with two counts of the offense. A Fayette District Court jury found the three men guilty on all counts after a one-day trial. McNabb was fined $500. Coffey and Prater were fined $200.
Constables cannot use blue lights on vehicles unless the fiscal court — in this case, the Lexington-Fayette Urban County Council — permits constables to do so. The council has not given them that authority.
McNabb and the constables were repeatedly told by Public Safety Commissioner Ken Armstrong they did not have the authority to have blue lights on their vehicles prior to being charged.
McNabb said the constable office believed it had the authority under the law to have police lights on their vehicles.
“We took it to court. The courts favored the city. We 100% complied,” McNabb said. “Lexington police came out and inspected our vehicles and everything was within the law.”
McNabb added: “It was never our intention to overstep our boundaries.”
In October 2021, Prater was arrested and charged with sexual abuse after a woman said he forcibly kissed her, smacked her buttocks and sent her unwanted text messages while he was in his constable’s uniform.
Prater was working security at an apartment complex at the time of the incident, according to court records. Prater has pleaded not guilty. That case is ongoing.
McNabb said Prater was placed on administrative leave when McNabb was notified about the allegations. McNabb later terminated Prater after an internal investigation determined he violated the policies and procedures of the office.
“When you hire people you have a good faith belief that they are going to do the right thing,” McNabb said. “There has been instances where Lexington police officers have done things, sheriff’s deputies have done things. There is no way to know that when you hire people. It is not indicative of me and my supervision. He went against the policies in this office. That happens in every profession.”
McNabb said he wants another four years to continue to build on the relationships his office has established.
“We have built good relationships in the community. We want to strengthen our relationships. There has been some disagreements with the city,” McNabb said. “Our disagreements have been settled and we want to move forward and strengthen the relationship with the city, the police and the sheriff’s department.”
Prior to being elected, McNabb was sentenced to six years in prison after being convicted in Lewis County of third-degree sodomy involving a 14-year-old boy, the Herald-Leader reported in 2014. The Kentucky Court of Appeals overturned McNabb’s conviction in 2010, saying he was not given effective legal counsel. He was released from prison after serving a little more than five years.
He has since had the charge expunged. McNabb has maintained his innocence in that case.
Welker said she was running to restore the office’s reputation.
“I am running to stop the ongoing abuse of power and abuse of the public by the current constable,” Welker said. “We cannot continue to tolerate abusers in public office.”
Welker said she will not “play cop” and put police lights on constable vehicles. Welker said she will also make her office’s finances available to the public. She said she will also treat people who are being evicted with respect.
She runs the Child Advocacy Today (CAT) Legal Clinic, a medical-legal partnership that provides pro bono legal representation and advocacy for pediatrics patients whose legal issues are barriers to their health. Welker has done some eviction defense work but said the majority of her landlord tenant legal work entailed getting landlords to make fixes to rental properties, such as mold eradication.
“I want us to do what the city wants us to do — serve process. I don’t think amateur policing makes us safer,” Welker said. Welker said if elected, she is not sure if she will get the additional training the new law requires.
“I think we will have to talk to the city and the attorney general’s office about what the scope of the office should be,” Welker said. “We would not police the city.”
Welker has raised $7,409 to date and has $3,409 left to spend, according to Kentucky Registry of Election Finance.
McNabb has raised $5,650 but all of but $200 of that came from personal loans to his campaign, according to his 15-day pre-election day campaign finance reports.
James “Smitty” Smith, who is also running in the race, has not reported raising any money. Smith did not return calls asking for comment. Smith has worked as a deputy constable in Constable District 3.
Constable District 2
Jim McKenzie, who is a loan officer, is running to regain the seat. McKenzie served as constable for the district from 2010 to 2018 but was beat by Kenneth Wayne Winburn, a Democrat, in 2018. Winburn died in February, leaving the seat open. McKenzie, who previously ran as a Republican, is now running as a Democrat.
McKenzie said he understands the role of a constable is to serve legal papers and eviction notices “and that’s all we should be doing. We should not have untrained people arresting anyone.”
McKenzie promised that if he was elected he would not “be playing police. I’m not going to put myself in danger or the public in danger.”
McKenzie faces Nickolas Hart, 24, who is currently a deputy constable under McNabb. He is a K9 officer. He formerly worked for the Fayette County Detention Center and for the University of Kentucky police department in the UK Medical Center.
“No one my age has run for this position,” Hart said. “A lot of people who have run for this office are retired.”
Because he is currently a deputy, Hart will not be required to get law enforcement training if he is elected, under the new law. Hart said the constable’s office has not yet used the Narcotics K9 but could in the future.
Constable District 3
Incumbent Constable Ed “Eddie” Sparks faces two challengers, Robert Curtsinger and Rohaun Woodard, in the Democratic primary.
Sparks was first elected in 2014 and then re-elected in 2018. He previously worked for the University of Kentucky police and the Fayette County Detention Center.
“I’ will continue to bring professionalism to this office,” Sparks said. Sparks was an early adapter of technology, including requiring deputy constables to wear body-worn cameras and placed GPS tracking on constable vehicles.
Sparks said he supported the new law that would require more training for constables. He would not have to have additional training required under the law because he is currently a constable.
Curtsinger, a farmer, was a military police officer in the U.S. Army. A Murray State graduate, he also worked as a police officer in the U.S. Veterans Administration.
Curtsinger has run unsuccessfully for Lexington-Fayette Urban County Council at-large and for the Fayette County School Board.
“I want to bring some integrity back to this office,” Curtsinger said of why he chose to run. “I want to treat people with the respect and dignity that they deserve. I think the constables go beyond what they should be doing. “
Woodard, who could not be reached for comment, has faced legal problems in the past, according to court documents.
A woman filed a domestic violence petition against him in 2013, according to Fayette Circuit Court records. The domestic violence order against him was eventually dismissed. Another domestic violence order was filed against him in 2018, which was also eventually dismissed, court records show.
Kentucky Registry of Election Finance records show none of the three men have reported raising money in the race.
Sparks said he self funds his campaign.
“I don’t want to owe anyone any favors,” Sparks said.
