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Austin attorney misses murder trial, draws ire of Hays judge
UPDATE 2:20 p.m.: The contempt order against Davis was dismissed on Tuesday, according to the Hays County District Clerk. No further details are available. Davis has not returned calls for comment. Judge Gary Steel declined to comment because the case is ongoing.
EARLIER: Austin lawyer Edmund “Skip” Davis is in trouble with a judge again, only this time it’s in Hays County.
An order to take Davis into custody was issued after a judge said Davis twice failed to appear at a murder trial in which Davis is the defense attorney.
Davis missed a hearing on Feb. 16, so Judge Gary Steel ordered Davis to appear in court on Monday to explain his absence. Davis missed that, too.
Steel has ordered Davis to pay a $500 fine and serve 180 days in jail.
Davis did not immediately return a call for comment this morning. He is not in custody, according to Hays County Jail records.
You may remember Davis as the lawyer charged with contempt of court in state District Judge Charlie Baird’s courtroom. During a September trial, Davis said “I love this (expletive)” in front of the jury and then denied it. Baird sentenced Davis to 10 days in jail and fined him $1,250 but delayed the imposition of the penalty.
Instead, the two worked out a deal in which Davis would pay $500 to the food pantry at the St. Ignatius Martyr Catholic Church, a charity Davis chose, and would pay $750 to Meals on Wheels, which Baird picked.
Davis also was ordered to work five days for Habitat For Humanity.
In Hays County, Davis is defending 20-year-old Zackhary Allen James, who has been charged with murder. James is accused of shooting a man to death following a fight at a San Marcos apartment complex in August.
Permalink | Comments (16) | Categories: Hays County courts
Appeals court rules Mills will stay on in PEC criminal case
The Texas 3rd Court of Appeals has ruled that State District Judge Dan Mills will continue to preside over a criminal case involving former Pedernales Electric Cooperative executives despite being a member of the co-op.
Visiting Judge Bert Richardson made the same ruling in December; the appeals court upheld this ruling late last month.
Attorneys for the former PEC officials — former General Manager Bennie Fuelberg and his attorney Walter Demond — argued that Mills stands to benefit financially if restitution is ordered in the case. After Richardson’s ruling, they asked the 3rd Court of Appeals for an opinion on visiting state District Judge Robert “Bert” Richardson’s decision, in an effort to overturn it and force Mills’ removal.
Fuelberg and Demond each face three felony charges: misapplication of fiduciary duty in excess of $200,000, theft of property in excess of $200,000 and money laundering between $100,000 and $200,000. Through their lawyers, both have denied the charges.
The next hearing in the case is Friday, March 12, in Johnson City.
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Lab Clears City Well of E. Coli Bacteria
From the City of San Marcos:
A repeat analysis of raw water from a City of San Marcos water well tested clear of E. coli bacteria Tuesday.
The additional sample drawn Monday from the Spring Lake # 1 well was tested by the Edwards Aquifer Research and Data Center Laboratory at Texas State University, which found no E. coli in the raw water.
No bacteria were found in the City’s water distribution system which supplies potable water to the community. The City’s Water Utility disinfects all water before it is sent out into the distribution system.
The original samples were taken from raw untreated water from a well which supplies 1.5% of the total system supply. Most of the City’s treated water comes from surface water.
The well was shut down Friday after the bacteria was found in a raw water sample. City Water Utility workers flushed the well on Friday and again on Monday to provide fresh water and to restore water quality.
The well will return to service on Wednesday.
“Escherichia coli” are bacteria are commonly found in the intestines of warm blooded animals. Some E. Coli strains can cause serious gastrointestinal illnesses in humans if consumed.
The City’s chlorine treatment effectively disinfects and eliminates all potential bacterial contaminants.
The City has worked closely with the Texas Commission on Environmental Quality to insure all regulatory requirements are followed and public health is protected at all times, said Tom Taggart, Director of Public Services.
Residents may call the Public Services Department at 393-8010 for more information.
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Hays County Election Results
UPDATE: Click here for all election updates tonight.
When the polls close tonight at 7 p.m., I’ll be posting results as soon as soon as I get them.
You can also go to Hays County’s Web site and get them directly here:
http://www.elections.co.hays.tx.us/November032009ElectionResults/tabid/109/Default.aspx
Happy Primary Day!
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Buda to get own police department
The City of Buda announced that it will be formulating its own police department, one that will be headed by the former commander of its Hays County Sheriff-based Buda Patrol.
The new department is set to launch on April 1, when the city’s contract with the Hays County Sheriff’s Office ends. The chief of police will be Bo Kidd (pictured at right) of the Hays County Sheriff’s Office, Buda City Manager Kenneth Williams said. The city council made the decision in February, Williams said. Officials are in the process of getting personnel and equipment from Hays County, and the exact number of officers it needs is being determined.
Kidd created the agreement that assigned Hays County deputies to patrol in Buda, Williams said. But Kidd was removed last year by Sheriff Tommy Ratliff without discussing the matter with Buda city officials, a move for which Ratliff has received criticism in the community. Ratliff has said Kidd took another position at his request.
Ratliff faces off against Bill Huddleston in the Democratic primary tomorrow for sheriff.
Williams said that the need for its own, dedicated police force is a sign of how much Buda is growing. Its population was 6,788 in 2008, according to the U.S. Census Bureau.
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E. coli found in San Marcos city water well
FROM THE CITY OF SAN MARCOS:
A City of San Marcos well tested positive for E. coli during a recent water sample. Notification of the test results were received on Thursday, February 25th. The sample was taken from raw untreated water from one of the City’s wells which supplies only 1.5% of the total system supply.
The well was immediately discontinued from active service. Water personnel are working diligently to restore water quality to this well. All raw water is disinfected prior to distribution as potable water. No E. coli bacteria have been detected in the distribution system samples.
“This is a required regulatory notice under the Ground Water Treatment Rule. Bacteria are commonly present in the environment and raw water supply sources,” said Tom Taggart, Director of Public Services. “This is why raw water is treated to drinking water standards to ensure public health.”
The following actions are being taken by the City:
· The well that tested positive has been discontinued from active service. · Water employees have begun flushing the well in order to provide fresh water to the well. · Limited disinfection of the well may be utilized if flushing is unsuccessful. · Further bacterial samples will be collected to confirm the results.
The City is working closely with the Texas Commission on Environmental Quality to insure all regulatory requirements are adhered to and public health is protected at all times. The City will update media outlets as necessary until the situation is fully addressed.
Residents may call the Public Services Department at 393-8010 for more information.
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Mayor Plans Sessions on Redevelopment, Drafthouse
From the City of San Marcos:
San Marcos Mayor Susan Narvaiz will host a public education forum on economic development, the redevelopment of Springtown Shopping Center and the Alamo Drafthouse proposal on Saturday, February 27 at 10 a.m. at City Hall.
The public is invited to attend. The session will be held at the City Council Chambers at City Hall, 630 E. Hopkins. This is the first of several educational sessions planned by Mayor Narvaiz in the next few weeks.
“We want to have community discussions on the big picture of economic development in San Marcos,” said Mayor Narvaiz. “The City Council’s goal is to support economic development that improves our economy and creates jobs. This briefing will give us the opportunity to discuss issues associated with redevelopment—including the impact if redevelopment doesn’t happen.”
The briefing will include information on past economic development initiatives, what redevelopment involves, and Springtown Center proposals.
At its last meeting February 16, the City Council tabled a $2.5 million incentive proposal to locate Alamo Drafthouse Cinema at Springtown Center. Negotiations are continuing on the proposal.
The information session is not a formal City Council meeting and no decisions will be made.
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PEC fails to adopt full reforms
JOHNSON CITY — In a contentious meeting today in Johnson City, the Pedernales Electric Cooperative board balked at passage of new bylaws touted as solidifying reforms the co-op has made over the last 18 months.
Among those voting no were the last two remaining members of the old guard on the board — directors O.C. Harmon (pictured right) and R.B. Felps (pictured far right).
The proposed bylaws needed a two-thirds vote of the seven-member board to pass. Director James Williams abstained, effectively blocking passage. Board president Larry Landaker, Patrick Cox, Kathryn Scanlon and Cristi Clement voted for the bylaws.
The board passed a separate measure, a proposed bill of rights for Pedernales members, outlining their rights to fair elections, access to co-op meetings and open records. That measure will require ratification by the co-op’s general membership.
Read previous coverage of this issue here.
Permalink | Comments (24) | Post your comment Categories: PEC
Council tables Drafthouse proposal
The San Marcos City Council tabled a discussion on a proposed $2.5 million, zero-interest loan to bring an Alamo Drafthouse Cinema to this city, but that didn’t stop members of the community from speaking out on the deal at the Tuesday regular meeting.
Council Member Chris Jones said he felt the council wasn’t ready to move forward with the deal as planned, and will take a look at it in the future.
Most people who attended the meeting were against the proposal, calling it a “gift” to Triple Tap and one that isn’t feasible in the current economy. “If Alamo Drafthouse wants to come to San Marcos, I’ll go there. I like it,” said Texas State University student Griffin Spell. “I have a problem with using $2.5 million of taxpayer money that the city doesn’t have.”
But Theresa Knight, owner of the Sylvan Learning Center in the Springtown center, said it could help revive the area, which has since become blighted and has problems with break-ins.
After Target — Springtown’s former anchor store — moved to be closer to the outlet malls, the shopping center has floundered.
“It would make a lot of sense for the city to support the Alamo Drafthouse to go into the Springtown center, because it would support existing businesses,” Knight sad.
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Alamo Drafthouse Cinema wants $2.5 million loan to come to San Marcos
New details have emerged today about the proposal to bring an Alamo Drafthouse Cinema to San Marcos.
Triple Tap Ventures wants a $2.5 million, zero interest loan from the city to build a six-screen, 700 seat theater in the city’s nearly vacant Springtown shopping center, which is set to be foreclosed on March 2. It will convert the vacant Best Buy into a 25,000 square-foot cinema.
The proposal estimates the theater will generate $5 million in revenue a year, which translates into about $860,000 in sales tax revenue over 10 years. With a Drafthouse there, the city estimates the center will generate an additional $2.8 million in tax revenue more than its current performance over 10 years.
It said repayment of the loan would take about nine or 10 years. Triple Tap says it hopes the theater will redevelop the rest of the center into a mixed use area with retail, office and residential space.
The proposal estimates about 250,000 to 300,000 people will attend the theater annually. 70 to 80 employees will be needed, with an additional 30 in the summer.
The San Marcos City Council will vote on the proposal tonight. The information was not released as part of the agenda packet due to technical problems, City Clerk Sherry Mashburn said.
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San Marcos council to re-consider incentives for Alamo Drafthouse
The San Marcos City Council is once again looking to bring an Alamo Drafthouse theater to the city’s beleaguered Springtown center at tomorrow night’s council meeting.
An item was added to the council agenda Thursday, a day after its usual posting, that reads: “Consider possible offer of incentives to Triple Tap Ventures, LLC, for the redevelopment of the old Best Buy Building (Springtown location) for occupancy by Alamo Drafthouse Cinema.”
Council members didn’t release any details on the possible incentive package — including price tag — saying it was still being discussed in executive session.
Due to financial troubles, after its Target moved closer to the outlet malls, the Springtown center is on the Hays County foreclosure list for March 2.
It’s not the first time the city has tried to bring the Austin-tastic theater to San Marcos.
In July, a plan to renovate the nearly vacant Springtown shopping center northeast of downtown using a $5 million, no-interest loan from the city died after the Austin-based developer canceled a City Council presentation. The developer’s plan was to add bars, restaurants and a movie theater - the Alamo was explicitly named.
But residents and local business owners were upset about the size of the proposed loan. They also said offering a loan for the Springtown development went against the city’s plans to create an entertainment district downtown. Under pressure, developer Lamy- Springtown Mall Ltd. withdrew, saying that the request for millions in city dollars wasn’t feasible in the current economy.
Mayor Susan Narvaiz said things are different this time. Now, the city is working directly with the franchise holder, Triple Tap Ventures LLC, to bring the theater directly to the city. Previously the council worked with Lamy-Springtown, whose goal was to attract the Drafthouse, Narvaiz said.
“We got an overwhelming response from the citizens that they wanted an Alamo Drafthouse concept here,” Narvaiz said.
Lamy- Springtown Mall Ltd. owns 11 acres of the Springtown shopping center. It has been left vacant after a new Target opened at the Stone Creek Crossing shopping center, which the city gave developers $6 million to build.
The council meeting starts at 7 p.m.
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Johnson wins Kyle mayor’s race
The dust has settled in the Kyle special municipal election, and Lucy Johnson, with 53 percent of the vote, won the mayor’s race, according to preliminary results posted tonight.
Johnson (pictured), a graphic designer, ran as the “more fiscally conservative candidate” and said she’d help create a more comprehensive growth plan and trim the city budget.
She garnered 529 votes, compared to 476 votes earned by her opponent Michelle Lopez, an administrator at Texas State University who said during the campaign that she wanted to improve Kyle’s infrastructure and better involve the public in the government process. The pair ran for the mayor’s seat vacated by Mike Gonzalez, who resigned to run for a spot on the Hays County Commissioners’ Court.
The results from tonight’s election are unofficial until canvassed by the Kyle City Council.
Jaime Sanchez (pictured), with just over 50 percent of the vote, emerged as the leader in the four-way District 5 City Council race to fill Johnson’s seat. Mike Fulton, who moved to Kyle from Las Vegas and works in information technology for an armored car company, came in second, with 43 percent of the vote.
Kyle — the fifth fastest growing city in Texas, according to U.S. Census estimates — has accumulated about $73 million in debt, faces rising taxes and has many pending infrastructure projects. Sanchez, a Kyle native, said during his campaign that he would use his experience as a construction engineer to determine what projects are needed now and what can wait.
In the race for District 6 City Council seat, banker Russ Huebner got 52 percent of the vote to triumph over Rhonda Cox. The District 6 seat was vacated by Ray Bryant, who is running as a Democrat for a spot on the Hays County Commissioners Court.
During his campaign, Huebner (pictured right) outlined a three-point plan to solve the city’s debt problem: putting a five-year moratorium on new debt, making a planned tax increase next year the last for five years, and increasing the city’s strategic plan to look at least 15 years ahead instead of five.
The City of Kyle has posted election results here.
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Hays County: H1N1, seasonal flu still a threat
From Hays County:
The Hays County Personal Health Department reports that area schools, clinics and hospitals are still seeing cases of both seasonal and H1N1 flu and recommends that persons who have not been vaccinated against both types of flu consider getting the vaccinations.
“The Personal Health Department has administered some 2,800 H1N1 vaccines since we opened our H1N1 immunization clinic in November and assisted area school districts with dispensing another 1,200,” said Chuck Chapman, Hays County PHD Emergency Preparedness Coordinator. “Flu season is typically with us until March, but with the advent of H1N1 flu which began in April last year, it is sometimes difficult to predict ‘seasons’ for these illnesses.”
He noted that the PHD is offering free H1N1 flu vaccines at its satellite clinic, 705 W. Hopkins Street, in San Marcos. Seasonal flu vaccines are available for a fee at the PHD main clinics in San Marcos and Kyle.
“We encourage everyone to continue to take precautions established by the Texas Department of State Health Services to prevent the spread of both types of flu,” Chapman said.
To protect yourself and your family from flu, wash your hands frequently with soap and warm water and/or use an alcohol-based hand sanitizer; avoid touching your eyes, nose or mouth; stay away from people who appear sick, especially if they have fever, cough and a sore throat; and get plenty of sleep, exercise regularly, manage stress, drink plenty of fluids and eat nutritious foods.
Almost all people in Texas with confirmed cases of flu have had a sudden onset of fever (with half having a temperature greater than 102.5 degrees F.) and cough. Most have had a sore throat.
Other symptoms of flu may include runny nose, body aches, headache, chills and fatigue. People may have only one or two symptoms besides the fever, or they may have many. People can infect others with the flu even before they show symptoms, and they remain contagious for seven or more days after they become sick.
If you become sick, stay home from work, school, and public errands, and limit close contact with others to keep from infecting them. Get plenty of rest, drink fluids, take fever-reducing medications and stay home until free of fever for at least 24 hours. Remember, do not give aspirin or aspirin-containing medications to persons 18 years and younger to avoid the possibility of Reyes Syndrome, a deadly disease that has been linked to aspirin-containing products in children and teenagers.
For free H1N1 vaccinations: the Hays County PHD H1N1 clinic at at 705 W. Hopkins St, Suite 112, opens at 8 a.m. Monday through Friday. The office is open until 6:30 p.m. on Mondays and Wednesdays, until 4:30 p.m. on Tuesdays and Thursdays and 2:30 p.m. on Fridays. For more information call the H1N1 clinic at 512-393-5580.
For seasonal flu vaccinations: The Hays County PHD offers seasonal flu vaccinations at its regular clinic locations in Kyle at 150 Lockhart Road and in San Marcos at 401-A Broadway on Mondays from 1 to 6 p.m. and Tuesdays from 1 to 4 p.m. while vaccine supplies last. The PHD also offers the seasonal flu vaccine during its monthly immunization clinic in Dripping Springs, from 10 a.m. to 3 p.m. on the first Thursday of every month at the Precinct 4 Building, 195 Roger Hanks Pkwy. The seasonal flu vaccination is $20 for adults and for children who do not qualify for the Texas Vaccine for Children program, and $10 for those who do qualify for the program. However, no one is turned away due to inability to pay. For more information about seasonal flu vaccine, call the PHD at 512-393-5520.
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Rose, Backus among Hays candidates debating tomorrow
Candidates for contested races will square off in a debate Thursday night at the San Marcos Activity Center.
The event, sponsored by the San Marcos Area League of Women Voters, will start at 7 p.m. The debate includes State Rep. Patrick Rose vs. his opponent, Driftwood hydrogeologist and rental property owner Andrew Backus. It also includes candidates for Hays County Judge, Hays County Commissioners Court Place 2, County Court-at-Law Place 1 and Hays County Sheriff.
The debate will also be streamed live on several Web sites, including that of the Hays Free Press and San Marcos Local News.
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San Marcos needs public input on its “brand”
When you think of San Marcos, what comes to mind?
The city is looking for the public’s help in developing a new “brand,” as part of an initiative that began last year. Just like Austin is the “Live Music Capitol of the World,” San Marcos is looking for a slogan that suits its character and people. The city often goes by “A Texas Natural” at the moment.
The city has launched an online survey to “help identify San Marcos’ unique assets,” officials said.
“Developing a solid brand for San Marcos is vitally important in attracting new businesses and visitors to our community,” said Branding Task Force Chair Pam Couch. “The brand we develop through this process needs to be authentic and true to who we are as a community, so public input is critical to our success. We strongly encourage citizens to log on and participate in the survey.”
The three-page survey includes questions on whether or not the city has kept its small-town feel and historic character, natural beauty, and has good jobs. It lets you choose words that you think best describe the city.
The survey is open to all San Marcos citizens and can be accessed by visiting: http://www.surveygizmo.com/s/233935/city-of-san-marcos-public-branding-survey
It will be online until the end of the month.
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Motorcade this afternoon for Capt. Paul Pena
From an announcement by the San Marcos Baptist Academy:
The remains of Capt. Paul Pena will arrive in San Marcos today.
Pena was killed near Kandahar, Afghanistan, by an improvised explosive device last week. The motorcade accompanying his remains from Randolph Air Force Base in San Antonio is expected to arrive in San Marcos between 1:15 and 2:15 p.m., according to the San Marcos Police Department.
The motorcade will exit Interstate 35 at Guadalupe Street, turn on Grove Street and again on LBJ Drive, take Hopkins Street to Comanche Street, circling the courthouse before heading to the Pennington Funeral Home, 323 N. Comanche St.
View Larger Map
Fire trucks may be parked at major overpasses along the I35, and traffic entering the highway will be shut down as the procession goes by.
The San Marcos Fire Dept and New Braunfels Fire Dept will have two ladder trucks set up on the Posey Road overpass starting at 1:30 today. The ladders will be raised with an American Flag displayed between them.
New Braunfels radio station AM 1420 will report on the procession.
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Funeral plans set for Capt. Paul Pena
Funeral arrangements have been set for Capt. Paul Pena, the San Marcos soldier killed in Afghanistan last week. I wrote about Pena here.
The San Marcos Baptist Academy, of which Pena was an alumni, will have a memorial service at the Robinson Christian Center on campus at 7 p.m. on Thursday. A funeral mass will be held in San Antonio, Pena’s mother’s hometown, at St. John’s the Evangelist Church at 11 a.m. on Friday. A burial will follow.
Academy officials said the plans could change depending on when Pena’s remains arrive in the U.S.
The family has requested donations to the Captain Paul W. Pena Memorial Scholarship at San Marcos Baptist Academy. Donations can be sent to the academy at 2801 Ranch Road 12, San Marcos, Texas 78666.
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Recycle old chemicals, old medicines this Saturday
From the City of San Marcos
Residents of San Marcos and Hays County are invited to drop off outdated toxic chemicals and unused medications during the free quarterly drive-through Household Hazardous Waste collection this Saturday.
The collection will be held from 8 a.m. to 12 p.m., Saturday, Jan. 23, at City Hall, 630 E. Hopkins Street in the traffic yard, across from the large HEB. Entry is through the City Hall parking lot. Please bring proof of residency (driver’s license or utility bill).
Residents are asked to transport chemicals in the trunk and keep products in their original containers. If a container is broken, the contents should be placed in a container of the same material. Do not combine chemicals.
In addition to outdated chemicals, residents may also dispose of outdated medicines in “Operation Medicine Chest” coordinated by the San Marcos Police Department and Home Instead Senior Care.
“This program is a way to help protect seniors from accidentally using expired medications as well as safeguarding them from the potential for theft of medications from their homes,” said Carolyn Casey of the Home Instead Senior Care local office. “The project also can help protect the environment including pets and other animals by providing a safe way to dispose of prescription drugs before they are introduced into landfills or the water supply.”
No medications should be flushed into the wastewater system.
The quarterly collection is sponsored by the City of San Marcos Public Services and Police Departments, Hays County, and Home Instead Senior Care.
Materials that will be accepted include:
Cleaning products: drain cleaners, concentrates, degreasers, over cleaners, solvents, polishes, pool chemicals, and household batteries Paint Products: latex and oil based paints, spray paints, thinners, strippers, preservatives, brush cleaners, etc. Gardening products: pesticides, sprays, dusts, weed killers, rat poisons, and insecticides. Automotive products: antifreeze and batteries, motor oil, oil filters, brake fluids, and transmission fluids. CFLs, fluorescent light bulbs, and pharmaceuticals will also be collected. Expired or no longer used medications Items that will not be accepted include tires, containers larger than five gallons, empty containers, compressed gas cylinders or wastes generated by businesses.
The drive through event will be held rain or shine. For more information call the Public Services Department at (512) 393-8036.
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San Marcos to hold MLK Day celebration
From the City of San Marcos:
The San Marcos community will remember Dr. Martin Luther King Jr. on Monday, January 18, with a special courthouse program, a signing ceremony and a march from South LBJ Drive to Martin Luther King Drive to Dunbar Center in San Marcos.
Participants are invited to park in advance at Dunbar Center, 801 MLK Drive, where vans provided by First Baptist Church and the Pentecostal Temple Church of God in Christ will transport people to the Hays County Courthouse.
Sponsored by the Dunbar Heritage Association, the events will begin at 11 a.m. at the Hays County Courthouse with a program featuring proclamations presented by Mayor Susan Narvaiz and Hays County Judge Liz Sumter.
The program will also include a reading of King’s “I Have a Dream” speech, selections by the Anointed Voices Choir, and singer Chris Williams performing the National Anthem and the Black National Anthem.
Participants will then begin a walk two blocks down South LBJ Drive to its intersection with MLK Drive—the only such intersection in Texas that commemorates both President Lyndon B. Johnson, who crafted the 1965 Civil Rights Act, and Dr. King, the civil rights leader who was slain in 1968.
A signing ceremony of a joint City-County agreement will be held at the location of a future monument to both leaders by Mayor Narvaiz and Judge Sumter.
President Johnson was a graduate of Texas State University whose life in San Marcos is commemorated by the LBJ Museum of San Marcos, 331 N. Guadalupe St., which will be open Monday from 10 a.m. to 4 p.m.
The march will then proceed on MLK Drive to the Calaboose African American History Museum where the City Clerk’s office will provide water and the museum’s Traveling Trunk of historic artifacts will be on exhibit.
The walk will then continue to Dunbar Center, 801 Martin Luther King Drive, for a reception and table exhibits by the Complete Count Census Committee, the Hill Country NAACP, and other displays about Dr. King, LBJ, civil rights and community activities.
Monday is the national holiday honoring Dr. King. City of San Marcos offices will be closed.
For more information, contact Harvey Miller at 512.396.4903 or Wylinda Tracey, 512.618.0552, both with the Dunbar Heritage Association, or City Council Member Chris Jones at 512.826.9468.
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Hearing rescheduled for terminated fire marshal’s civil suit
The hearing that could order several Hays County officials to give depositions in the case of a county assistant fire marshal who says he was terminated unfairly has been postponed, lawyers in the case said today.
The hearing could pave the way for terminated assistant fire marshal William “Bo” Montague Jr. to file suit against Fire Marshal Mark Chambers and other county officials. Montague plans to ask the court to order Chambers, as well as Hays County Judge Liz Sumter and Dee Dee Baen, the county director of human resources, to give depositions.
Robert Collins, the attorney for Montague said that Mike Shaunessy — the attorney representing the county — has asked for more information regarding the purpose of the depositions. He also raised the issue of needing a non-Hays County judge to preside over the case.
“It’s not uncommon in Hays County for judges to recuse themselves when dealing with county officials,” Collins said.
The case has been kicked to the district clerk, who will decide which court will hear the case and whether a visiting or retired judge is necessary. The case could be assigned in the next few weeks.
Montague claims that he was fired unfairly, and that Chambers falsified state documents relating to his termination. For the full story, click here.
A copy of Montague’s petition is here.
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Commissioner Jeff Barton expected to announce County Judge run today
Hays County Commissioner Jeff Barton is expected to announce a run for county judge at the Railroad BBQ in Kyle this evening at 5:30.
Barton, a Democrat from Kyle, will face incumbent Judge Liz Sumter in the March primary. Sumter filed for reelection in December.
In other Hays County election news, State Rep. Patrick Rose will face his first Democratic primary challenge in eight years in the form of Hays Trinity Groundwater Conservation District board member Andrew Backus.
Latest comments
Holy Crap! What the Statesman wrote, if everything about no warrant and case was dismissed is true, sure looks like a textbook libel!
I too called the Hays County Sheriff Warrant Division because this is fascinating. The lady there told me that
... read the full comment by Statesman Irresponsible | Comment on Austin attorney misses murder trial, draws ire of Hays judge Read Austin attorney misses murder trial, draws ire of Hays judge
How can the editors at the Statesman print such a dishonest, misleading story?? There never was a warrant issued. This is libel at it’s worst. I can’t believe the newspaper editors are treating this person so horribly.
... read the full comment by reader | Comment on Austin attorney misses murder trial, draws ire of Hays judge Read Austin attorney misses murder trial, draws ire of Hays judge
Those are serious allegations. If you truly believe this, why won’t you provide your name?
... read the full comment by Austin Native | Comment on Austin attorney misses murder trial, draws ire of Hays judge Read Austin attorney misses murder trial, draws ire of Hays judge
Skip Davis is a horrible attorney that should’ve been disbarred years ago. He flat out lies to prosecutors and Judges but for some reason they keep letting him slide. He loves to play the race card so that might be it. This guy is a charlatan and
... read the full comment by Iknowskip | Comment on Austin attorney misses murder trial, draws ire of Hays judge Read Austin attorney misses murder trial, draws ire of Hays judge
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