A judge has halted a motion to dismiss a petition aiming to remove Travis County District Attorney Jose Garza from office, citing the need for additional evidence to support the claims. The petition, filed by Mary Dupuis in April, alleges various instances of misconduct against Garza, including indiscriminate pressing of charges against police officers, maintaining a do not call to testify list, and refusing to prosecute certain drug crimes and cases related to the state’s abortion ban.

The decision to pause the dismissal motion comes in the wake of a law enacted on September 1, 2023, stipulating that a district attorney’s refusal to prosecute specific crimes could constitute official misconduct, potentially leading to their removal by a judge from outside the district.

Allegations Against Garza

Mary Dupuis’ petition accuses Garza of several contentious actions, including:

• Indiscriminate prosecution of police officers
• Maintenance of a do not call to testify list
• Refusal to prosecute certain drug crimes and cases relating to the state’s abortion ban

These allegations have sparked a legal battle, with Bell County attorney Jim Nichols appointed to prosecute the case on behalf of Dupuis. Nichols filed a motion to dismiss the petition, arguing that the grounds for removal outlined in the petition were not substantiated. He asserted that sending excessive force cases to a grand jury did not warrant removal, denied the existence of a do not call list, and highlighted Garza’s compliance with updated Texas law regarding drug charges.

Legal Proceedings and Public Response

The legal proceedings have garnered attention from various quarters, with Judge Dib Waldrip presiding over the case. Judge Waldrip’s decision to pause the motion to dismiss underscores the need for substantial evidence to support the claims against Garza. The judge has set a deadline of 30 days for the presentation of additional evidence, failing which a status hearing will be convened.

Organizations like Save Austin Now have voiced their concerns regarding the case, emphasizing the importance of upholding the law and ensuring public safety. Matt Mackowiak, Co-Founder of Save Austin Now, expressed hope that the next 30 days would bring forth more information and evidence to shed light on the matter.

Response from Garza’s Office and Dupuis

The Travis County District Attorney’s Office refrained from commenting on the recent developments, maintaining their focus on delivering justice and safeguarding the community. However, when the petition was initially filed in April, they criticized it as an attempt to undermine the decision of the voters of Travis County.

Mary Dupuis, the petitioner, expressed satisfaction with Judge Waldrip’s decision to demand more substantial evidence, dismissing the motion to dismiss as an evasion of responsibility. She highlighted the importance of thorough investigation and voiced her readiness to support the case with pertinent evidence.

Conclusion: A Legal Battle Unfolds

As the legal battle to remove Travis County District Attorney Jose Garza unfolds, the pause on the motion to dismiss indicates a pivotal moment in the proceedings. With Judge Waldrip’s insistence on substantial evidence, the case underscores the complexities of addressing allegations of misconduct within the legal framework. The coming days are poised to witness further developments as both sides prepare to present their arguments and evidence in support of their respective positions.

For real-time updates on this case and more local news, download The Local News App today.

Sources:

• NEWS.ORG7 News. Update on petition to remove DA Jose Garza. Retrieved from [insert link]
• NEWS.ORG7 News. TravCo DA could be removed with new lawsuit. Retrieved from [insert link]

Source