The Campaign For DA

9.10.2013

Something's Not Right


The story says that the trooper who arrested her was suspended for misconduct, and that "Parker County, Texas, Prosecutor John Forest told the Arkansas Democrat-Gazette . . .) that his office had two years to pursue the case against Walton. But the trooper's suspension won't be over by the Oct. 7 deadline."

Not so fast.  The County Attorney has two years to file the case. Not two years to "pursue" it. (Most DWI cases are filed within three months of the arrest.) And the fact that the trooper is still on suspension while the deadline expires means nothing -- the prosecutor doesn't even need the trooper's signature to formally file the case.

Now if the trooper's misconduct were to be admissible during the DWI trial (it isn't a foregone conclusion that it is), then I can see how the prosecutor might want to boot the case. But having two years to file the case has nothing to do with it.

Story.