BROWNWOOD, Texas -

Brown County Commissioner Wayne Shaw, accused of stealing county owned  gravel, is still on the job and may be planning to stay there.

Shaw was indicted Tuesday on a third degree felony theft charge. Authorities say Shaw gave permission for a man to take gravel, valued at more than $1,500, off a county intersection, for personal use.               

Brown county judge Ray West told KTXS news today  that Shaw will continue to work and will only resign if he is convicted.

There has been no mention of replacing him right now. The case is being prosecuted by the Coleman county DA's office.

When KTXS contacted him, Shaw declined to comment on his indictment.