Meridian
– Court records show that the mother of a woman whose alleged
suicide while in custody in County Jail has retained a lawyer to
answer a suit filed against her by the Sheriff of Bosque County.
 |
| Sheriff Anthony P. Mallott |
Papers
filed in State District Court by Waco attorney and former member of
the Texas Legislature Jim Dunnam say his client denies “each and every allegation of
Petitioner (Sheriff Anthony P. Mallott) and demands strict proof
thereof...”
The
Sheriff filed suit against Tina Pierce, mother of April Troyn, 36, seeking
to depose her about events surrounding the death of her daughter on
May 4 “in anticipation” of any litigation that may be filed as a
result.
Jailers
reported that they found Ms. Troyn “unresponsive,” a blanket
wrapped around her neck and hanging from the bars of her cell a
couple of hours after the last person to see her alive departed the
cell, according to reports.
It
is unclear when County officials booked her into jail. Some records say it was on
May 2, while others fix the date at May 3. A magistrate charged her with
the crime of abandonment and/or endangerment of her child on May 2.
An investigation by Child Protective Services investigators the previous December, 2012, yielded no charges. They released the child into her custody at the time.
A
boy of pre-school age, he had walked several blocks from her home to
a fast food restaurant on Highway 6 and told counter servers he was
hungry. He asked for food. They called the police.
In
an affidavit of probable cause, a Clifton Police detective swore out
a warrant for her arrest in February based on allegations involving
the December investigation.
The
warrant's return of service indicates May 2 as the date of her
arrest. Booking records show she was admitted to the County Jail on
May 3. Texas Commission on Jail Standards inspectors have ordered the
Sheriff to board female prisoners at a neighboring county jail if
they are to be held more than 24 hours. To comply with state jail standards, female prisoners must be
segregated from male prisoners by “sight and sound,” something
which is impossible in the tiny confines of the Bosque County Jail.
 |
| Ms. Tina Pierce |
The
deceased woman's mother, Ms. Pierce, has made numerous public
statements regarding her daughter's confusion as to why police arrested her on May 2. She and other family members have alleged that when Ms.
Troyn called them, she thought she was held for non-payment of
traffic tickets she received in a single-car rollover accident in
which her children were not restrained in car seats. A city judge apparently jailed her briefly for that reason at an earlier time.
They
have also alleged that the police made frequent visits to their home
in Clifton to question her about her knowledge of an arson in which
her sister and her husband have been charged for burning a rent house
in which they lived. Two adjacent houses have burned since that
time.
Under
a rule of Civil Procedure cited by Tyler Attorney Robert S. Davis,
Sheriff Mallott seeks to learn what Ms. Pierce knows about the facts
surrounding the case, as they may figure in any lawsuit she may possibly file against himself and Bosque County.
Mr. Davis is retained of counsel by Bosque County in the matter.
A
District Judge will first be required to order the deposition
following a hearing into the matter. No such hearing has been set at
this time.
In
answering the petition, Mr. Dunnam entered a prayer for relief in
which “...Respondent prays that Petitioner take nothing herein,
that Respondent be awarded the relief prayed for hereinabove, and for
such other and further relief, special or general, legal or
equitable, as may be shown that Respondent is justly entitled to
receive.”
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