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    Case dismissed against former corrections officer

    Natalie Frels • June 20, 2024

    SAN MARCOS, Texas - Hays County Criminal District Attorney Kelly Higgins announced today that the District Attorney’s Office dismissed the indictment charging former Hays County Sheriff’s Office Corrections Officer Isaiah Garcia with the third-degree felony offense of deadly conduct.

     

    On December 12, 2022, Garcia shot and killed 36-year-old Joshua Wright while working as a corrections officer for Hays County. Wright was in the Hays County jail and had been transported to Seton Hays Hospital in Kyle the previous evening after complaining of a medical problem. Garcia was assigned to guard Wright at the hospital and was preparing to transport Wright back to jail when the shooting occurred. As Wright exited a restroom, Garcia attempted to replace the handcuffs that were removed from Wright. Wright forcefully shoved Garcia and attempted to escape by running through the emergency room toward the public exit. Garcia shot and killed Wright during that escape attempt.


    The investigation into the shooting was reviewed by a Hays County Grand Jury in April 2023. The grand jury considered the possible charges of murder and manslaughter in connection with the shooting of Wright. Under Texas law, a corrections officer or peace officer may be justified in using force, including deadly force, if he reasonably believes it is immediately necessary to prevent the escape of a person in custody. After hearing the evidence and the relevant law, the grand jury declined to return an indictment for either of those charges.


    The grand jury did, however, return an indictment charging Garcia with the third-degree felony offense of deadly conduct. The indictment alleges that Garcia discharged a firearm at or in the direction of one or more individuals by shooting at Joshua Wright in a medical facility when patients and staff were present. While the indictment did not charge Garcia with an offense directly related to the death of Wright, it did accuse him of deadly conduct for the circumstances in which he fired his weapon in a crowded emergency room.


    “During the investigation and prosecution of the case, the District Attorney’s Office has been communicating with the family of Joshua Wright. This includes allowing members of the Wright family to see the body-worn camera footage of the shooting,” said Higgins. “We are aware that the Wright family, as well as many in the community, was deeply disappointed in the grand jury’s decision not to indict Garcia for murder or manslaughter.”


    In all criminal cases, the District Attorney’s Office represents the State of Texas and must make decisions about the resolution of cases with justice and the interests of the community in mind. The wishes of a victim or the family of a victim are always considered, but other factors that must be considered include public safety and fundamental fairness, Higgins said.


    Weighing those factors, the State moved to dismiss the case against Isaiah Garcia today and the court dismissed the case. Prior to the dismissal, Garcia agreed to a permanent surrender of his corrections officer license and further agreed not to seek any license or certification in the future to work as a peace officer, corrections officer or armed security guard. 


    “This case was dismissed at the request of the Wright family. They communicated their wishes to have the case dismissed after consulting with their legal representatives. After subsequently viewing the body cam footage of the shooting, the family persisted in requesting the dismissal. The reasons offered by the family for their request were carefully considered and, ultimately, found to be persuasive,” said Higgins. “We have chosen to respect the family’s privacy and will offer no additional discussion of those reasons. We encourage others to also respect their privacy.”

    By Natalie Frels February 14, 2025
    To view the stamped .pdf of this public notice, click here . This Notice is posted according to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Sheriff’s Office Civil Service Commission will hold a meeting at 10 am on the 18 th day of February 2025 , in the Hays County Sheriff’s Office Public Safety Building, 1 st floor, Media Room located at 810 South Stagecoach Trail, San Marcos, Texas 78666. An Open Meeting will be held concerning the following subjects: 1. Call the meeting to order 2. Roll Call 3. Public Comments, if any 4. Introduction of the Commission Members 5. No minutes to approve, due to this being the first meeting held by the Commission 6. Voting of Chairman 7. Terms of Office for each Commission Member appointment 8. Responsibilities of the Commission members and attendance requirements 9. Assistant Criminal DA Chase Young will address the Commission regarding duties under the Public Information Act and the Open Meetings Act 10. Adopt a regular time for monthly meeting 11. Adopting rules and procedures for the orderly management of the disciplinary appeals process 12. Adjournment Executive Sessions The Civil Service Commission will announce that it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel to discuss matters of litigation and personnel matters as specifically listed on this agenda. The Civil Service Commission may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. ADA Compliance Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Director of the Civil Service Commission at (512) 393-7838 or via e-mail at Sandra.Galvan@hayscountytx.gov as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to accommodate any valid request regardless of when it is received. Braille is not available.
    By Natalie Frels February 14, 2025
    SAN MARCOS, Texas – The Hays County Health Department will conduct a Community Assessment for Public Health Emergency Response (CASPER) on Wednesday, Feb. 19 and Thursday, Feb. 20, 2025, from 3:00 p.m. to sundown. The CASPER is a Rapid Needs Assessment (RNA) that provides household-level data for use by our public health and emergency management leaders to utilize during emergencies. “This exercise is crucial for ensuring our preparedness and response capabilities,” said Brayden Watson, Public Health Emergency Preparedness Coordinator. This exercise will involve county public health and emergency management staff and volunteers will be providing a questionnaire to residents in randomly selected geographical areas at their household. The exercise aims to determine critical health needs, characterize the population residing in an area, and prepare for future disasters by evaluating community readiness. “The CASPER is a first in recent emergency preparedness efforts to understand our communities’ strengths and weaknesses to better prepare for disasters that may impact our community,” said Matthew Gonzales, Health Department Manager. “The exercise demonstrates our commitment to protecting the health and safety of our community. The department will utilize these results to continue developing the county’s response plans for disasters.” The department will be closed on Wednesday, Feb. 19 and Thursday, Feb. 20, 2025, from 8:00 a.m. – 1:00 p.m. About Hays County Health Department: Hays County Health Department is the local health authority for Hays County. The Health Department provides Immunization, Tuberculosis and Sexually Transmitted Infection services and conducts public health prevention and intervention programming. For More Information About Hays County Health Department: Visit www.hayscountytx.gov/healthdepartment
    By Natalie Frels February 14, 2025
    WIMBERLEY, Texas – Hays County announced the beginning of construction to widen RM 3237 in Wimberley at River Mountain Road and Camino De Rancho Road to add shoulders and accommodate new turn lanes and to widen existing travel lanes on River Mountain Road and Camino De Rancho Road at RM 3237 within construction limits. "Investing in our transportation network is investing in the safety and well-being of the Hays County community,” said Precinct 3 Commissioner Morgan Hammer. “I applaud TxDOT for their partnership in helping provide safer travel conditions and supporting the growing needs of our area." At the start of construction, the westbound (northern) travel lanes of RM 3237 at River Mountain Road at Camino De Rancho Road within construction limits will be closed to accommodate construction, and traffic will be shifted to the eastbound (southern) lane, which will operate as a two-way road with one lane in each direction. The intersection safety improvements, which have a construction value of $4.9 million, are funded by the 2016 Road Bond Program and the Texas Department of Transportation (TxDOT). The project team consists of American Structurepoint Inc., design engineer; Dead Word Company, contractor; and TxDOT, construction engineering inspection services. Construction began on Monday, Feb. 10, 2025, and is projected to be completed in the summer of 2025.
    By Natalie Frels February 10, 2025
    SAN MARCOS, Texas – In February, Hays County welcomed Jennifer Moczygemba, P.E., as the new Transportation Director. Longtime Central Texas resident Moczygemba has more than 30 years of experience in the transportation industry, including 20 years at the Texas Department of Transportation and 10 years in the private sector with various consulting firms. She graduated from the University of Texas at Austin with a Bachelor of Science in Architectural Engineering and a Master of Business Administration from Oklahoma State University. She has been a licensed civil engineer for 25 years and has a diverse background, including advancing and constructing highways, rail, transit and bicycle/pedestrian projects. Her responsibilities will include maintaining the Hays County Roads and working with the Judge and Commissioners to transition the county to the future. "I am very excited for the opportunity to be part of the planning and implementation of projects in one of the fastest growing counties in the country. Hays County can play a key role in the Austin/San Antonio Metroplex, providing mobility to improve the economic viability and livability of the region,” Moczygemba said. ๏ปฟ "I have met many talented staff and look forward to supporting them by utilizing the latest technology to improve efficiency and communication,” she added. “Together, we will provide a safer, more reliable roadway system that connects and supports state and local roadways and other modes of transportation." To learn more about the department, visit www.hayscountytx.gov.
    By Natalie Frels February 10, 2025
    SAN MARCOS, Texas – On Tuesday, Jan. 28, the Hays County Commissioners Court unanimously approved a resolution supporting the Countywide Polling Place Program and using electronic poll books in future elections. The program allows voters to cast their ballots at a location of their choice on Election Day. ๏ปฟ According to Election Administrator Jennifer Doinoff, Hays County has been participating in the Countywide Polling Place Program since 2019, and approximately 80% of the state’s voters cast ballots in the program. “If [voters] commute from out of town, they can stop and vote on their way home without the risk of being too late to vote in their home precincts,” Doinoff said, noting that vote centers have become valuable in emergency situations. When natural disasters and emergency management issues arise during voting, polling locations around the state are displaced, rendering precinct-based voting unsuitable due to the limited number of public buildings in each precinct. Further, the data show that since implementing the program, the number of voting centers has increased voter turnout and reduced the number of provisional ballots for Hays County voters. Additionally, voters with disabilities can vote at a center that best fits their needs. The resolution also supports the use of electronic poll books, as their elimination would limit transparency and the ability for voters, parties and candidates to perform their own audit and reconciliation during the election. “The Commissioners Court of Hays County supports the use of Countywide Polling and Electronic Poll Books and believes that preserving these valuable assets provides the best opportunity for flexibility and accessibility to our voting public,” the resolution stated. “It would be mass confusion to get rid of this program in Texas, and getting rid of it would be difficult to explain to the citizens,” Doinoff added. “It’s a typical definition of, ‘If it ain’t broke, don’t fix it.’” To read the full resolution, visit www.hayscountytx.gov.
    By Natalie Frels January 8, 2025
    SAN MARCOS, Texas – On Tuesday, Jan. 7, the Hays County Commissioners Court approved letters of support for a future jail-based competency restoration (JBCR) program. In partnership with Hill Country MHDD, the program would provide therapy and treatment to help incompetent defendants understand the judicial system to assist their attorneys effectively in their own defense. According to Hays County District Attorney Kelly Higgins, the county currently houses all incompetent defendants in jail until such time as the state’s mental hospitals can accommodate and treat them. Many times, this involves a wait of more than a year, sometimes as much as 20 months. The county is responsible for the payment of these lengthy jail placements. This interminable delay in providing restoration treatment, in part, creates the issues the county must address through a JBCR program. “The anguish of our current system is that people on the margins are waiting in jail,” Higgins said. “The existing regime is the worst possible arrangement for these vulnerable persons.” With JBCR, the expenses related to these long waits will be obviated, and incompetent defendants may be restored to competency within a reasonable time, he explained. “What we’re dealing with are people who have maybe committed an act as a symptom of mental illness, yet because of the lack of statewide resources, we do need to be able to release people from jail to receive treatment,” Higgins said Tuesday. “I want to dignify these defendant’s liberty interests.” The court was unanimous in its support of the future program. Its vote to approve the letters of support is the first step in exploring a partnership with Hill Country MHDD for a future JBCR program. While some members of the public expressed concerns about the program, details regarding services and oversight will be addressed at a later date — an essential aspect of moving forward with a future JBCR program contract with Hill Country MHDD. “This is just the first step in the process,” said Precinct 2 Commissioner Dr. Michelle Cohen. “If it comes back to the court, we will review these services and what the oversight would be.” “We want to have meaningful treatment for these individuals that I don’t believe we’ve had in the past,” said Precinct 1 Commissioner Debbie Ingalsbe. “We need to be sure that if we move forward with these programs, the details are an important part of the contract.” “I do believe this program has the right intentions,” said Precinct 3 Commissioner Morgan Hammer. “There are needs we currently don’t have, but the District Attorney’s Office has shown compassion with this program; I think it’s in the right hands.” “We need services in general, and we cannot let the logistics outweigh the need,” said Precinct 4 Commissioner Walt Smith. “The state won’t step up and take care of the issue. I’m excited to see this finally come to fruition; this is an important first step.” ๏ปฟ Finally, Hays County Judge Ruben Becerra agreed with the commissioners, noting, “This judicial system has taken magnificent steps – leaps and bounds. Has everything been spot on? No, but we have moved the needle. It’s our job to take care of our residents. We are a unified front. This is one more spot on the kaleidoscope for a safe, prosperous community.”
    By Natalie Frels January 3, 2025
    SAN MARCOS, Texas – Hays County Criminal District Attorney Kelly Higgins announced today that a Hays County man, Manuel Mendoza, Jr., 38, pleaded guilty to four counts of intoxication assault on December 19, 2024, and was sentenced to 10 years in prison. Mendoza had previously been convicted of intoxication assault in Hamilton County, Texas. The four counts represent the four people injured in the collision. Mendoza was accused of causing serious bodily injury to four people on the night of June 11, 2023, while operating a vehicle while intoxicated. Mendoza was driving Northbound on IH-35, traveling around 100 miles per hour, when his Kia Sorento collided with one of the victim’s vehicles near Kyle Correctional Center. A third vehicle swerved to avoid the collision and crashed. Mendoza’s blood-alcohol content was over the legal limit, and he was arrested on scene by Kyle PD. The Hays County District Attorney’s Office wishes to recognize the staff at Kyle Correctional Center, Hays-San Marcos Fire/EMS and KPD for their immediate assistance at the scene. Their quick response and the great work of medical staff at multiple local hospitals saved lives. In particular, HCDAO wishes to recognize KPD Corporal Colby Bryant for his thorough and professional investigation of this matter. Assistant Criminal District Attorney Cyrus Morgan prosecuted the case. After sentencing, DA Higgins stated, “The victims in this case did not deserve the life-changing tortures inflicted upon them by Mr. Mendoza. And without the victims’ strength and resolve, our office could not have achieved this result.”
    By Natalie Frels November 22, 2024
    SAN MARCOS, Texas – On Jan. 23, the Hays County Homeless Coalition, in partnership with Texas Homeless Network (THN), local agencies and volunteers, will conduct the annual Point-in-Time (PIT) Count, a crucial initiative aimed at assessing homelessness in our community. This one-day census will provide vital data to help shape future programs and resources for individuals experiencing homelessness. The PIT Count is a nationwide effort mandated by the U.S. Department of Housing and Urban Development (HUD) to collect data on homelessness. Each year, communities across the country gather information on the number of individuals and families experiencing homelessness on a single night in January. The data not only helps to quantify the issue, but also guides local policy and funding decisions. "Understanding the scope of homelessness in our community is essential to developing effective solutions," said Peyton Wagner, Hays County behavioral health coordinator and chair of the PIT planning team. "The PIT Count allows us to identify trends, allocate resources more effectively and engage the community in addressing this pressing issue." Volunteers will be deployed throughout the county to conduct surveys and provide support to individuals experiencing homelessness. The data submitted to THN will be analyzed and reported to HUD, contributing to a national understanding of homelessness trends. Community members are encouraged to participate by volunteering, spreading awareness or contributing to local shelters and support services. "We are grateful to the volunteers and partners who dedicate their time to this important work," said Nancy Heintz, member of the Hays County Homeless Coalition Board of Directors. "Together, we can create a clearer snapshot of homelessness and work collaboratively to implement solutions that ensure everyone has a safe place to call home." For more information on how to get involved with the PIT Count, contact this year’s volunteer coordinator, Tyler Staton, at tyler.staton@hayscountytx.gov, or PIT committee chair, Peyton Wagner, at peyton.wagner@hayscountytx.gov.
    By Natalie Frels November 22, 2024
    SAN MARCOS, Texas – On Thursday, Nov. 7, Hays County Judge Ruben Becerra declared that the burn ban be lifted in Hays County. According to Hays County Fire Marshal Steve Seddig, many citizens are calling, wanting to burn brush and vegetation; moisture conditions are favorable now, and it is an excellent opportunity for citizens to burn and remove the hazard from their property and Hays County. Seddig added that conditions are improving. Based on the current Hays County weather forecasts, 1 to 1.25 inches of rain are predicted through Sunday, Nov. 10. The current and now-seasonal weather pattern will be cool to average temperatures through next week, with low winds after this weekend's weather front. “We encourage the public to initiate their fire preparedness plan so they are ready for a wildfire and can complete any outdoor burning while conditions are appropriate,” he said. If you decide to burn, please remember to: Clear the area around your debris pile. Call the fire department and notify them that you will burn a debris pile. Check your debris pile often. Monitoring the 72-hour weather forecast is of particular importance during this time. A debris pile should not be ignited if high winds (over 15 miles per hour) or low relative humidity (under 30%) are expected within 72 hours. All debris piles should be continually monitored and completely extinguished, but checking an old debris pile when it is expected to be dry or windy is an additional precaution.
    By Natalie Frels November 22, 2024
    SAN MARCOS , Texas - Hays County Criminal District Attorney Kelly Higgins announced Nov. 6 that 34-year-old Mark Anthony Briones of Kyle was convicted of capital murder for the June 2022 murder of infant Annalyne Fridley Benavides. Judge Bruce Boyer then sentenced the defendant to life without parole. On June 20, 2022, Briones was babysitting Benavides, his roommate’s 7-month-old infant. This was not the first time he had cared for her. Around 5:01 p.m., Benavides was rushed to Seton Hospital because she wasn’t breathing and had no pulse. Doctors observed severe bruising all over her body. She was then life-flighted to Dell Children’s Hospital, where she was later pronounced brain dead. The defendant stated that Benavides had been acting normal until she fell off his 12-inch trundle bed and became lifeless. His story wasn’t consistent with the copious amounts of medical evidence that showed she had detached retinas, anoxic brain injury and subdural and subarachnoid hemorrhages. Several medical experts testified that her injuries, along with the bruising all over her body, are consistent with being beaten to death. The jury was also shown a photograph of Benavides taken the morning before she died in which she appeared to be healthy and had no bruising. This case was investigated by Kyle Police Department Sgt. Tim Owens and Detective Pedro Carrasco, and prosecuted by Assistant Criminal District Attorneys Katie Arnold and Rebecca Lopez. “I’d like to thank the witnesses that testified in this case and the jury for their verdict. It was an honor to fight for that sweet baby girl and to get to tell her story to the jury. We are very grateful for the verdict and we know [Benavides] would have been proud,” said Arnold. “We hope in some way that her family can have some closure knowing that her murderer will be spending the rest of his life in prison.” Nov. 1, 2024, would have been Benavides’ third birthday.
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