Dewhurst calls Allen Police Department to get family member out of jail

[TexasTowelie]

Lt. Gov. Dewhurst gave Allen police a call to get a family member out of jail earlier in the month in a recording released Wednesday by the department.

Dewhurst said his family member — a schoolteacher — was arrested after walking out of a Kroger with $57 worth of items she didn’t pay for. The offense for theft of more than $50 and less than $500 is a class B misdemeanor.

“I intend to jump into this and see what can be done to prevent this very nice lady, through a miscarriage of justice, from spending the night in jail,” he says at the end of the call. “Now, I may not be able to do anything, but it’s whatever the law says.”

During the call, Dewhurst mentioned several times that he is the lieutenant governor and name-dropped Department of Public Safety Director Steve McCraw and DPS Lt. Brad Weatherford.

More at http://trailblazersblog.dallasnews.com/2013/08/audio-dewhurst-calls-allen-police-department-to-get-sister-in-law-out-of-jail.html/ .

[font color=green]I can understand Dewhurst being concerned about his relative being in jail and trying to assist in her release. However, the question arises as to whether he broke the following statute:[/font]

TEX PE. CODE ANN. § 36.03 : Texas Statutes - Section 36.03: COERCION OF PUBLIC SERVANT OR VOTER

a) A person commits an offense if by means of coercion he:

(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty; or

(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.

(b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.

(c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 67, Sec. 1, 3, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

[freshwest]

1. So the Tea Party Time Lord thought he could coerce a police station into a few favors?

Let's see here:

#1: 'I intend to jump into this... miscarriage of justice'

#2: 'mentioned... he is the lieutenant governor... name-dropped Department of Public Safety Director Steve McCraw and DPS Lt. Brad Weatherford..'.

Uh, I'd say (1) and (c), but can't tell if (c) is part of (2). Definitely (1).

IWO:

#1: Says he's going to stop personally stop them from doing their job, which he asserts was wrong. That she was wrongfully arrested, huh?

This means he's going to do something to stop the regular procedure being followed, as any other citizen would be. Neither he or they could mistake the threat. After all, he is in the lege and controls their budget, could enact law to make life difficult.

#2: Means that I have talked to your bosses and they agree that you are doing wrong. You can be disciplined for not going along with me to stop this 'miscarriage of justice that you have committed.'

Sounds like a mobster, but we knew he was a law breaker already, after that stunt with Wendy, didn't we?

This is nepotism. The only right thing he could have done was to send her an attorney and bail her out. But he wanted it done under his authority of the state. It's abuse of authority and corruption.

I weep for you guys. This kind of thing used to go on in podunk towns, and now we have this guy in charge of important things in the capitol.

I wonder if they gave in, and let her out without bail, like other citizens?

Nepotism:

The practice among those with power or influence of favoring relatives or friends, esp. by giving them jobs.

I think this is not a job, but using his power and influence to get her out.

I've no opinion on her, it's possible she was not competent and it was an accident. But we know how most people would get treated...

[TexasTowelie]

2. For clarification, I believe that (1) and (2) are subsections of a)

similar to what would be seen in an outline--they should probably be indented for clarification. b) and c) are separate points in an outline.

I also checked Dewhurst's biography on Wikipedia and it does not indicate that he has a law degree or a bond bailsmen so he does not appear to have any authority to intervene in either of those capacities.

I agree with you that this intervention fits the definition of coercion. I imagine the people that were contacted felt intimidation when Dewhurst called and mentioned not only his political authority, but also the list of his DPS contacts that he would undoubtedly used if her release was delayed.

[Paladin]

3. This incident would be a lot more satisfying....

...if that clueless prick Dan Patrick weren't benefiting from it.