Hays County Court at Law 3 held a Habeas Corpus Hearing today for an individual arrested by a Justice of the Peace warrant. The Hays County Justice of Peace, Beth Smith, from Precinct 2 issued an arrest warrant on behalf of pseudonym John Smith (a.k.a. Jeffrey Blake Barnett, Kyle Police Chief).
The warrant was executed on or about May 27, 2020; however, the offense date was on or about April 17, 2020.
In the hearing, it was clearly stated again, that the petitioner did not stalk Barnett and there is no felony offense. This was also mentioned in the recusal order when Barnett’s name was no longer sealed in court records.
Today being the 14th month since the offense and no formal charges have yet to be filed, the Court agreed to remove the bail bond from the petitioner.
The Travis County Attorney (Pro Tem for Hays County) requested there be a personal recognizance bond for the petitioner. The petitioner did not disagree; however, the court has to list a new misdemeanor charge and one has not been named.
The Court was also informed the reason this was even filed was because the Justice of the Peace has yet to file the case in her Justice Court. Here is the catch, she cannot file the felony in Justice Court and the petitioner was released from a county not named Hays County.
This means the Justice of the Peace has to maintain the file until someone decides to file formal charges, yet there is no way to file any motions with the Justice Court because the case isn’t filed and the Justice Court does not have legal authority to hear felonies, yet she issued a warrant for one and it turned out to be a misdemeanor (if anything).
So, today was a win, but the official signed order is still pending. The petitioner will no longer be on bail bond and a personal recognizance bond doesn’t mean much unless a case actually gets filed. It simply means the petitioner won’t need to be arrested for the formal charges filed.
The Travis County Attorney also requested a “no contact order,” and the Court asked the petitioner if he had any objections to the request. Since the petitioner hasn’t communicated with Barnett since April 2020, the petitioner did not have any objections.
Talking about and publishing things about public figures is not a crime nor is it an enforceable action to prevent such publishings.
You may notice the petitioner is this blogger and he has blogged a lot about improper government action.
You may also notice that Travis County Attorney has about nine months to decide if they can file any charges on the petitioner.
What is astonishing is the mere fact everyone agrees it isn’t stalking, yet a Police Chief can claim stalking without proper justification and there seems to be no question on the Police Chief’s job competency; and the Justice of the Peace cannot file the case in her venue, yet that doesn’t seem to be questioned at all.
This matter will lead to some interesting conclusions (bar card not included or needed).
Of special note, the minute a mainstream news outlet finally says this blogger was arrested for stalking or harassing or anything Jeffrey B Barnett and it gets to Collin County, Texas you will see why it’s been such a secret. Until they, you get blogs.
Also, Wes Mau (THE ELECTED DA for Hays County PERSONALLY recused his office based upon this bloggers information).