DA to get complaint on jailhouse death probe

Violation 'not cured before fourth day'

Meridian – When the Attorney General's office held that most details of the jail house death of April Troyn may be released to the public, information clerks at the Bosque County Sheriff's Department said their attorney may take up to 10 days to determine if an opinion from the Attorney General is needed.

The clock will be reset, according to a woman at the Sheriff's Department.

No one has heard anything different from Bosque County now for four days.

That comes under the heading of an official refusal, according to the law, which classifies that action as such, after an official has determined a violation was committed, “and the government body does not cure the violation before the fourth day the government body receives the notice...”

Investigator Scott Gates said he considers that official misconduct, a violation of the Texas Open Records Act and a Class B misdemeanor – an offense on a par with first offense DWI, punishable by up to 6 months in the county jail or a $1,000 fine – or both. It's built into the law.

There is a remedy, said Mr. Gates.

He intends to forward a complaint to 220^th Judicial District Attorney B.J. Shepherd. That office will have up to 31 days to determine a violation occurred, and either bring an action against the Sheriff's Department, or determine that a conflict of interest exists that would preclude such a prosecution. If so, the DA is obliged to inform the complainant that he may contact the Office of the Attorney General to file the complaint there.

For an earlier report on what the Attorney General's office determined may be released, one need only click here:

http://downdirtyword.blogspot.com/2013/09/ag-rejects-sheriffs-refusal-of-info-on.html