Allegations denied

'We have better sense than that,'

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Accusations the Victoria City Council plotted in illegal meetings to embarrass the district attorney drew denials Tuesday from those accused of wrongdoing.

"There was no plot to get the district attorney," Mayor Pro Tem Lewis Neitsch said. "Gee whiz, we have better sense than that."

Council Member Tom Halepaska said Criminal District Attorney Stephen Tyler needs no help being embarrassed. "He's doing a good enough job on his own."

The allegations came Monday from Council Member David Hagan, who outlined his intended testimony in the Bruce Ure trial alleging perjury before a grand jury. The trial of Ure, Victoria's police chief, has been rescheduled to April 20.

Hagan said Mayor Will Armstrong, Neitsch, Halepaska and then-City Attorney David Smith met with Tyler about two years ago. They wanted to talk about the prosecutor not accepting cases from the police department and sheriff's office.

Hagan, who wasn't present, said Armstrong felt he didn't receive the respect he should have, sparking a year-long plot to embarrass Tyler. That included charges of the council illegally meeting in secret to discuss how to do that.

Council Member Philip Guittard said he never attended illegal meetings to plot against Tyler. He couldn't explain why Hagan would make those statements.

"I have no idea what he's talking about," Guittard said of his fellow council member. "I've given up a long time ago on trying to figure him out."

Council Member Jim Wyatt said he became upset when he read the comments made by Hagan. He said in the 10 years he's been on the council, he never knowingly participated in an illegal meeting.

"It just gets me infuriated," he said. "These people are honest, and they do a great job."

Halepaska said it's ludicrous to think the council would meet illegally to develop plans to embarrass Tyler.

"I don't have to like the guy," he said. "But plotting? Come on."

Hagan also said he intends to testify that City Manager Charles Windwehen told him in 2006 that the city council makes its decisions at illegal meetings at Moo Moo restaurant. The business is owned by Neitsch.

"I'm not aware of any city council meeting ever happening, legal or illegal, at Moo Moo," Windwehen said. "I don't believe that any such meetings ever happened, and I never made any statement intending to convey that idea."

Council Member Paul Polasek did not respond to the Advocate's call. Armstrong refuted the claims on Monday.

Neitsch, who attended the 2007 meeting with the district attorney, said he wouldn't describe the conversation as heated.

"It was basically a one-sided conversation that really didn't get into the nuts and bolts of why we went over there," he said. "Mr. Tyler told us his view of what was going on, and that was it."

Tyler's view was that he would handle his business his way, and no one would influence him, Neitsch said.

"If you get mad, what good does that do?" he asked.

Halepaska said the city group understood there were egos in the police department and in the district attorney's office. They intended to work through those differences by meeting with Tyler.

"We got our ears blasted," Halepaska said.

He also said Hagan seems to feel empowered by getting his name in the newspaper.

"I'm embarrassed for the man's behavior," he said. "I think it's just to deflect attention the district attorney is getting for what he's done."

Halepaska declined to elaborate.

Hagan could not be reached for comment Tuesday.

Tyler said Tuesday that the 2007 meeting with the city officials was not about the backlog of cases. He had requested it to give the city input on a case dealing with a travel voucher for four firefighters.

"The city believed it was falsification of a government record and wanted me to pursue felony cases on all four," he said. "I think the total amount in question was somewhere between $100 and $200."

When Armstrong wanted to talk about the backlog instead, Tyler said he told him they would get to that later if there was time. The conversation did get around to the cases, and it didn't go well, Tyler said.

That's why the rift eventually went to a mediator.

"The mayor got a little edgy. But the other people, no," Tyler said.

  • Motions set for April 16

    In a letter sent to each lawyer involved in Bruce Ure's trial, Judge Robert Cheshire wrote he won't rule on anything this week.

    Cheshire is considering the city's objection to Councilman David Hagan's testimony about ...

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  • Motions set for April 16

    In a letter sent to each lawyer involved in Bruce Ure's trial, Judge Robert Cheshire wrote he won't rule on anything this week.

    Cheshire is considering the city's objection to Councilman David Hagan's testimony about executive sessions. The city's acting attorney, George Hyde, filed a motion Friday that echoed his arguments in court earlier in the week.

    Closed-door meetings between the council, staff and lawyers are protected by attorney-client privilege, Hyde wrote.

    In District Attorney Stephen Tyler's response, he wrote that city officials weren't working on official business during the meetings and Hyde has not proven his client is entitled to confidentiality.

    Cheshire also will decide on Tyler's motion to quash a subpoena summoning him to appear as a defense witness.

    A motions hearing in Ure's case is scheduled for April 16. The trial is scheduled for April 20.

    To view the motions and Cheshire's letter visit VictoriaAdvocate.com.


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Comments

  • The Roll Back election was another seismic polarizing political event in Victoria around 20 years ago. Lewis Neitsch put a sign out in front of his business and held opposition meetings there at time. After successfully helping to lead the Roll Back election, Lewis Neitsch became the public face of opposition to a smorgasbord of city, county and school projects and proposals. When Mr. Neitsch was on the outside of government, he was a vocal and persistent voice against progress and change. I find it ironic that he finds himself in the predicament he is in today. It validates the saying, "what goes around, comes around."
    Sacred cows make the best hamburgers. ~Mark Twain

    April 10, 2009 at 9:01 a.m.
  • Calm down, Kenneth. I think Molly may have been watching some other video, because I know she did not watch the one I did. I saw a 7 year old kid with a big secret figeting in his chair hand raised and waving wildly, screaming "PICK ME! PICK ME!", just dying to spill the beans and spoil the surprise for everyone. He couldn't wait to talk. I suggest a big ol' dose of oral Imodium.

    April 10, 2009 at 7:43 a.m.
  • When I watched this video, I saw a man willing to risk it all so that the truth can come out. Mr. Hagan is a brave man to go against the powers of the city.

    April 10, 2009 at 12:03 a.m.
  • Whoops! Make that Tewes not Tewers - Sorry David!

    April 8, 2009 at 11:44 p.m.
  • Well ALS,

    There were a bunch of folks besides me who were present at the City Council meeting last who heard the acting City Attorney say just that. You might check with the City Secretary - she has notes on all of that, or ask David Tewers from the Advocate, as he was there also, etc., etc.

    Instead of making unfounded accusations, perhaps you can quote some (or even one) specific instamces where I have deliberately misinformed Advocate readers.

    Your cheap shot smear tactics are all too typical of Tyler supporters - repeat a lie often enough and some people will believe it. Time to crawl back under your rock!

    April 8, 2009 at 11:42 p.m.
  • Either the City Attorney misinformed the City Council last night (scary) or Don Mader is misinforming readers of the Victoria Advocate now ( typical). If any City Councilman testifies in court, yes, he will not be allowed to speak in public....ABOUT THE TRIAL. No, Mr. Mader, the business of Victoria will not come to a halt.

    April 8, 2009 at 9:50 p.m.
  • this may be a shock to you latina, but not everyone agrees with the judge's past rulings and how he's handled his court

    sorry

    April 8, 2009 at 3:52 p.m.
  • MissManners apparently watched the webcast of the Hagan interview and detected some revealing truth from her observation of his eyes. It is comforting indeed to know that we have such astute detectives on this case. For those us unfamiliar with professional detective techniques, please tell us what else was revealed.

    April 8, 2009 at 2:06 p.m.
  • At least spell the man's name correctly before you insult him...the Hon. Robert Cheshire is one of the few people in Victoria County with a working brain and integrity. He is the last line of defense against the sleaze that has taken over hicktoria. Let him do his darn job. Buncha crazies...

    April 8, 2009 at 1:34 p.m.
  • Hagan, please don't paraphrase the Bible to twist the truth, as your eyes (in this interview) dart back and forth just like Brother Tyler's do when he is rambling... Can't look one straight in the eyes, can you?!

    April 8, 2009 at 1:31 p.m.
  • chershire needs to leave town with the rest of them. the man is a disgrace to the bench and also a part of the problem in this city

    April 8, 2009 at 1:11 p.m.
  • JD,

    Recently, Hage admitted,under oath in Judge Cheshire's courtroom( pre-hearings for the Ure trial) that he had copied those documents and knew it was illegal. There's NO allegations about his actions, it's a FACT about the actions he admitted to.

    April 8, 2009 at 12:29 p.m.
  • Mr. Mader if the allegation about illegal document copying is true, then by all means Hagen needs to be held to the fire over it. The AG's office needs to be involved immediately and before the May 9th election. Apparently everyone in this city feels they are above the law.

    April 8, 2009 at 11:30 a.m.
  • This Hagan guy scares me. He is using and exploiting people's fears about our city and county representatives to gain their trust and validate their fears.

    Fact is people want to believe the impossible...the crazy...the kind of stuff that finds it's way into tabloids. We fear it but we want to believe it. He is using this to his advantage because for quite some time now he has been planning to run himself.

    He wants people to beleive these things and to feel that by electing him he will make all the crazy go away.

    Please do not fall for this man's "plot" so he calls it. He is completely full of it.

    April 8, 2009 at 10:48 a.m.
  • David Hagan may be an young Willie Stark, I don't know. I do know that Armstrong is an old Willie Stark.

    April 8, 2009 at 10:40 a.m.
  • I just reviewed the video clip for this story and once again I find myself agreeing with Hagen the truth will set him free - free from the labors of a City Council member and free to find a more suitable way to spend his time. Take note David: I understand that they're still looking for volunteers to help with the census

    April 8, 2009 at 10:38 a.m.
  • Part-2 ( the rest of the story)

    The acting City attorney pointed out last night that if Tyler subpoenas a majority of the City Council members as witnesses in the upcoming trials of Ure, Buentillo or Smith, that those members will be unable to speak in public till the trial is over– effectively shutting down the City Council and bring a halt to City business.

    Mr. Tyler has already used a similar tactic in 2007/2008, when he refused to review over 300 cases presented by the Victoria Police Department, the Sheriff’s Office and TACB officers because they refused to sign a potentially self-incriminating statement for each case they made – a lengthy statement, by the way, that no other D.A. in the State of Texas required peace officers to sign. Even after local Judge Wisner warned Tyler that she had to release arrested offenders because they were not receiving a fair and rapid trial, he still refused to review CURRENT cases. After way too many months, Tyler agreed, in arbitration, to drop his demands. In the meantime, over 30 of those 300 people were arrested for violent crimes and they were quickly released to the horror of their victims. Most of those acts of violence involved physically abusing family members, such as the woman who came home from work and attacked her teenage daughter with a hammer, merely because she wasn’t happy with the dinner the daughter had prepared.

    Mr. Tyler and Mr. Hagen have been dragging the City of Victoria’s reputation through the dirt much too long with their divisive tactics – it’s high time for both of them to go. It’s important for residents of District 4 to remember Hagen’s demeaning and destructive actions in the upcoming election – send him a message!

    April 8, 2009 at 10:33 a.m.
  • Part-1 (apparently my comment is too long, so I'll do it it two)

    I attended the City Council meeting last night and when the public was allowed to speak, I made the following statement:

    “As a long time resident of Victoria, I am concerned with the fact that City Councilman David Hagen admitted under oath in a courtroom recently that he had illegally copied and disseminated confidential Council records (a class B misdemeanor) and apparently no action is being taken. Further, I am concerned that if he is eventually arrested and charged, that he will reverse his public stand and expect the City (read taxpayers) to pay HIS legal fees.”

    I’m aware that local law enforcement can take no action against Mr. Hagen – it must be dealt with at the state level, by the attorney general. My question is whether or not the City Council has filed a complaint with the State A.G. – if they haven’t, I fully intend to do so.

    By chance, I find myself agreeing with Hagen on one point – the truth WILL come out! I’m afraid that he will find that the truth will be unpleasant for him and his hero, Tyler. To his sorrow, in the upcoming election, I think Mr. Hagen will find that he has hitched his wagon to the wrong star – a star more aptly described as a shooting star. By nature, a shooting star is highly visible as it flashes across the heavens, but eventually, it burns itself out and becomes nothing but ashes - a suitable end for the egomaniacal D.A.

    April 8, 2009 at 10:31 a.m.
  • Hagan WAS NOT PRESENT and his allegations come out 2 to 3 years AFTER the incident?!?!?! Timing could not be worse/better...especially during THIS particular trial and council race. Better judgment would suggest these individuals need to be relieved of their current positions, recollect themselves, and after careful evalution of their peers, perhaps reconsideration can be taken to fill the positions entrusted them. Steve - if you needed a henchman, Hagan is not your best first choice. Hindsight is 20/20 (d'oh!!).

    April 8, 2009 at 9:42 a.m.
  • Hagen and Tyler share a brain, however neither one knows when they have it. Tyler is delusional and Hagen is desperate for attention. It blows me away that everyone who has had contact with either one of these nut jobs says without a doubt they are both worthless in their official capacity.

    Hagan is not invited to a meeting with his buddy Tyler three years ago and now has some sort of conspiracy theory about it?

    Hagen is nothing more than an verbal arsonist throwing around inflammatory remarks attempting to stir up a pissing match between an insane egotistical maniac and the rest of city council, city government, the VPD and the VCSO.

    Since Hagen has nothing better to do, he could round up and accuse the rest of the city departments and say they are having secret meetings between Parks, IT, Streets, UBO, Fire, Water and HR!

    It doesn't matter what item goes in front of the council. Hagen is going to vote the opposite or be the odd man out just to be different. WOW that's great Hagen. Way to be a rebel and go against the grain. If only you had a legitimate argument to support your constant lunatic behavior.

    April 8, 2009 at 9:20 a.m.
  • Who needs nuclear power in Victoria, these two egos combined should be enough. Just remember all of this come election time. The truth will set you free...yes. So will the removal of Hagan and Tyler.... Victoria needs to be set free of these embarassments.

    April 8, 2009 at 8:48 a.m.
  • Halepaska is quoted "I'm embarrassed for the man's behavior." That quote, along with the other canned zingers in this article, is the real problem!

    April 8, 2009 at 8:39 a.m.
  • Mr. Hagan is in Steve Tyler's pocket.

    April 8, 2009 at 8:38 a.m.
  • Is Hagan really an ordained minister? How embarrassesing he is to those that take their faith seriously. He is an embarrassement for the strife causing publicity ie. falsehoods he is spreading. Didn't he take documents that didn't belong to him.... For those who didn't stay for the entire council meeting.... the majority of the TAXPAYERS were not speaking fondly of him. I believe the media left before the public spoke so... it AIN'T all in the paper.

    April 8, 2009 at 8:37 a.m.
  • Duh... Of course they deny it. They know they are busted and Mr. Hagan knows exactly what he is talking about. If only the rest of the city and county gov't had the nads to stand up against the filth that has ruled the city of Victoria for so long. Way to go Mr. Hagan. You are respected and admired by many.

    April 8, 2009 at 8:36 a.m.
  • Halepaska would better serve himself by keeping his mouth shut...and his sign. Childish and embarassing.

    April 8, 2009 at 8:22 a.m.
  • Golly Gee Beav, those were some immature quotes from the city leaders.

    April 7, 2009 at 10:43 p.m.
  • The quotes in this story are hilarious. Name calling and issue dodging. Not one informed opinion in the whole lot of them.

    April 7, 2009 at 10:38 p.m.