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Saturday, April 17, 2021
Editor s Note: This story is a follow-up article regarding the death of Jennifer Miller in a car collision involving an off-duty San Marcos Police Department officer. To read the first story see https://www.sanmarcosrecord.com/breaking-news-news-news-mobile-news-alert/woman-seeks-justice-death-partner.
After a grand jury no billed a case against San Marcos Police Department Officer Ryan Hartman for a charge of criminal negligent homicide in a fatal collision in 2020, the survivor’s lawyer believes the case may surface Brady Evidence.
The Brady Doctrine requires prosecutors to disclose exculpatory evidence, or evidence that might clear guilt, in the government’s possession to the defense.
Community activists in Hays County who have been fighting for policies that would eliminate jail time for minor offenses say such efforts also would keep undocumented immigrants from being deported.
The Hays County Jail has more than 40 inmates on immigration detainers. Activists with Mano Amiga, a local nonprofit that seeks to transform the criminal justice system, are demanding that U.S. Immigration and Customs Enforcement drop its requests to hold low-level offenders in custody.
The county s long-awaited cite-and-divert program, which favors citations over jail time, could eliminate the need to issue immigration holds and therefore deportation, the group says.
“Shame on the (Hays County) sheriff s office for unnecessary arresting, and shame on the (district attorney, Wes Mau) for violating his own word on enactment of cite and divert,” leaders with Mano Amiga said in a statement.
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The Hays County Criminal Justice Coordinating Commission met Wednesday afternoon to discuss a potential pretrial services department to mitigate objections to a Cite and Divert program running out of the District Attorney’s Office.
District Attorney Wes Mau and Sheriff Gary Cutler announced the Cite and Divert program back in July 2020,
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Joe Negrete was stopped by Kyle police in April for rolling through a stop sign on Sunrise Drive near Bebee Road, just down the street from his home. He said he apologized to the officer, saying he was in a hurry and that it would not happen again.
He said the officer then asked if he had anything in his truck. On his passenger seat was a sunglasses case with an ounce of marijuana. Negrete said he did not try to hide it and willingly surrendered the marijuana to the officer.
He said the officer took him home, searched his house for other drugs and found nothing, and cited him for possession without taking him to jail.