A Hays County Assistant District Attorney (ADA) seems to have interfered with a lawful assemble to resolve a complaint submitted to the City of Kyle’s Ethics Commission. The matter was “caught on camera,” so to speak.
She was in contact with the Ethics Compliance Officer and intentionally or knowingly advised that a motion should be made to delay the service of process and cited it may hinder the “discovery,” phase of any case which may be filed.
Such actions appear to violate the Texas Penal Code:
Sec. 36.06. OBSTRUCTION OR RETALIATION. (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act:(1) in retaliation for or on account of the service or status of another as a:(A) public servant, witness, prospective witness, or informant; or(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or(2) to prevent or delay the service of another as a:(A) public servant, witness, prospective witness, or informant; or(B) person who has reported or who the actor knows intends to report the occurrence of a crime.
The section indicates one violates the code if he or she intentionally or knowing harms (defined by Texas Penal Code):
(25) “Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
By committing an unlawful act (defined by Texas Penal Code):
(48) “Unlawful” means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
The issue arises when a Assistant District Attorney with a duty (defined within Texas Code of Criminal Procedures):
Art. 2.01. DUTIES OF DISTRICT ATTORNEYS. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
Makes comment to someone engaged in service resulting from a criminal complaint to delay such service because it may create an issue with evidence. Such evidence may ultimately provide proper justice, as indicated as the primary duty of a Assistant District Attorney.
The influence to suppress facts seems to be a major concern. Once which could ultimately create a violation of the following Texas Penal Code:
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:(1) violates a law relating to the public servant's office or employment; or(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment.
It should be noted the Code of Ethics is a municipal ordinance which is defined as a law within Texas Penal Code:
(30) “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.
Since April 2018, the individual that filed the Ethics Complaint has been attempting to report the person whom has become the focus of the complaint and he appears to have denied such ability, and decided to make up a case of his own.
Watch the Kyle Ethics Commission and let us know your thoughts.