Letter to the Editor

Posted 12/10/20

To the Citizens of Wood County,

During the summer of 2016, I was appointed by then elected District Attorney Jim Wheeler as special prosecutor to investigate and prosecute a shooting that occurred in Wood County in November 2015.

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Letter to the Editor

Posted

To the Citizens of Wood County, 

During the summer of 2016, I was appointed by then elected District Attorney Jim Wheeler as special prosecutor to investigate and prosecute a shooting that occurred in Wood County in November 2015. That investigation was necessarily expanded and led to my appointment as attorney pro tem and, ultimately, criminal indictments against Miles Tucker and James Brown. Those criminal cases were dismissed on Friday, Feb. 7, 2020. 

Despite previously paying six different invoices, in December 2018, the Wood County commissioners decided to no longer pay my legal bills. This decision was never communicated to me, and I learned of it only a few weeks before one of the trials was to commence. I made it clear that I could not proceed without payment for work already performed or without an assurance of being paid moving forward. I also made it clear that I desired to seek a resolution in the matter and that I would fully cooperate in a change of prosecutors, if necessary, to reduce costs to the county. 

I am sympathetic to the costs involved for a smaller county to bring in outside counsel due to conflicts of interest. When I learned of their refusal to pay my legal bills (in January 2019), I consistently offered to meet with Judge Hebron and the Wood County commissioners to resolve the matter of nonpayment for my legal services so the criminal prosecutions could proceed with or without me. I offered my time, free of charge, to help make a smooth transition to a new attorney pro tem or special prosecutor. Not only would they not meet with me, they refused to respond to my numerous letters and emails. They continue to refuse to pay me what I am owed. 

Although completely avoidable, the criminal cases were dismissed for lack of timely prosecution. 

These cases required a lot of time and involved a lot of hard work to investigate and prosecute. The investigation was done in an objective, independent, impartial and dispassionate manner. 

The cases were presented to a Wood County Grand Jury, consisting of 12 Wood County residents, who determined the facts warranted the indictments. 

I was always prepared to move forward with trials for both Miles Tucker and James Brown and to present the evidence and testimony to a Wood County jury. Now, no one will get their day in court. Sadly, this is an inadequate, imperfect and incomplete outcome for everyone – for Mr. Brown, Mr. Tucker, The State of Texas and, most importantly, for the good people and citizens of Wood County. 

Just like the Ken Paxton case in Collin County, this is a situation where the local county commissioners effectively stopped a criminal prosecution. Only they can answer as to why. 

Sincerely, 

Joe Shearin 

Attorney Pro Tem, Wood County 

The timeline and narrative for the preceding is well-documented and detailed in various letters and emails written to Judge Hebron, the Wood County commissioners and attorney Robert Davis. A Freedom of Information Act request should provide the information for anyone interested or curious.