Outgoing Harris County District Attorney Devon Anderson has dismissed the high-profile DWI case against prominent Houston attorney Tony Buzbee.
It is most unusual for the District Attorney herself to sign off on these types of dismissals. Also, you might recall that Tony Buzbee represented Rick Perry in his abuse of power case. Guess who appointed Devon Anderson as Harris County District Attorney?
It is important to note the reason listed for the dismissal and the Judge (Bill Harmon) who signed off on it.
From Devon Anderson’s website:
Misdemeanor Pretrial Intervention Programs
DWI Pre-trial Intervention (Post-Charge)
If the defendant successfully completes the DWI PTI term, the case is dismissed and may be expunged two (2) years after dismissal.
Begin Date: November 4, 2013
Eligibility: First-time offender, B.A.C. of .149 or below (Class B), must have a valid driver’s license and insurance at the time of the offense and possess sufficient community contacts. The defendant must submit a signed and sworn to application which includes employment and/or school enrollment information, and a statement from the defendant admitting guilt. Accidents are reviewed on a case-by-case basis.
Exclusions: If a defendant has had a previous arrest, has received or is currently on a deferred adjudication or probation, has a conviction for an offense (other than Class C tickets), has previously participated in this program or another pretrial intervention program as an adult, or has a no test/refusal case.
Length of Program: 1 Year
Requirements: The defendant is assessed and supervised by Harris County Community Services and Corrections Department. The defendant must remain alcohol and drug free for the entire term of the agreement, install an ignition interlock device on his/her vehicle and follow the recommendations of the assessment by HCCSCD. A non-driving defendant must obtain a portable breath testing device, Soberlink or SCRAM device.
I’m not sure what Buzbee was required to do because there isn’t a diversion agreement listed for him. I do know that it is impossible to complete a one year program in 8 months. Also, if you check the case records on the District Clerk’s website, the case was reset a total of 7 times.
And if you recall, Judge Bill Harmon was the only County Criminal Court Judge out of 15 that refused to participate in these programs and made a big stink out of it. Click here to read more about that.
Devon Anderson is out of office come January 1st. Judge Bill Harmon is going to be on the ballot in 2018.
Harris County Works. Right?