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Tyler pledges to appeal, says he's not a quitter

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District Attorney Steve Tyler pledges to appeal a judge's ruling that Thursday turned a local high-profile case on its head.

"Law's on my side," Tyler said. "We'll see if the appellate court agrees with me."

District Judge Stephen Williams threw out the indictment of Victoria Police Chief Bruce Ure. Then, the judge barred Tyler or anyone from his office from trying that and related cases.

Mayor Will Armstrong, Police Lt. Ralph Buentello and former city attorney David Smith were indicted along with Ure a year ago. The city officials faced numerous counts.

Today, only Buentello and Smith face indictment - a charge of aggravated perjury. All other charges were tossed out in court during the past year.

Shortly after Thursday's ruling, Ure mingled with his lawyer in a hallway near the district clerk's third-floor. Tyler stirred in his office.

Given judges have tossed most of the indictments, why appeal and spend more tax dollars on what appears to be a losing cause?

"First, I'm not a quitter. Second, I'm not wrong. Third, when did we put a price on justice?" Tyler said. "I've still, throughout all this, maintained a greater number of cases than the previous administration."

Tyler said he alone has carried the bulk of the work for these cases and most of his salary is paid by the state and not local tax dollars.

If he didn't pursue this case, then he'd allow city officials to get away with committing crimes, the district attorney said.

Tyler noted Williams disqualified him from the case just weeks after District Judge Robert Cheshire ruled judges don't have that power.

Cheshire recused himself two weeks ago from the case, citing an unrelated conflict of interest, and Williams then presided over the trial.

Tyler has 20 days to appeal to the 13th State Court of Appeals.

"After that, I have no idea on the timeline," he said.


Comments


  • stingaree,

    Just what is it you want someone to do? If you are afraid the police will be out to "get you", report it to a Texas Ranger, he will protect your anonymity while investigating the situation.

    August 31, 2009 at 3:18 p.m.

  • No,not our PD.

    August 31, 2009 at 2:41 p.m.

  • Tyler had started his term with problems. He refused to prosocute cases because the T's weren't crossed and the I's werent dotted but yet Eves had no problem prosocuting and winning those cases as they were. Tyler is using tax payer money to fund his personal attack when he should be prosocuting the criminals. I really think he isn't the sharpest tool in the shed!

    August 31, 2009 at 1:56 p.m.

  • "This town" is completely in the dark about everything that has happened. We need to hear every case, every bit of evidence, every motion filed in court, on and on. Law enforcement here has covered up the criminal record of a paid informant to the expense of every woman he has stalked, harrassed or sexually abused. Imagine to what extent they would go to cover up...I can't say it and I WON'T USE MY NAME. I've had police reports I made changed...the citizens just don't know.

    August 30, 2009 at 6:39 p.m.

  • Ok.... let's talk about real names vs. aliases.....

    I've used my real name on this forum since I signed on to it. I use my real name on every blog and forum I post on - all three of 'em. That's my choice and my conviction. I say what I mean, mean what I say and say what I believe and I don't apologize for it. If that's a problem for anyone, I'm in the book (not Victoria's anymore, but I was before I got transferred.)

    I have no children at home anymore and I really doubt anyone would be seriously enough disturbed by my comments to hunt them down and threaten or harm them or my grandchildren. I do have a wife but heaven help and God rest the soul of anyone here who might choose to mess with She-Who-Must-Be-Obeyed!

    BS aside though, Don's right. Posting under your real name adds a generous measure of good sense to your comments that much too often is lacking when the cloak of anonymity is used. People seem to think that if they're anonymous, so's the yahoo they're directing their comments to. They aren't. They're real people, with real families and real jobs and real feelings.

    I can understand the ladies using aliases. They are the weaker sex (Lord, protect me from the contingent who'll want to crucify me for stating a natural fact...) and there are definitely some weird people out there.

    Otherwise, aliases are a smokescreen for those who would spout venom from behind a screen upon those he cannot see. Pshaw...

    Ernie

    May 1, 2009 at 8:52 p.m.

  • Gabe, you were great doing that interview.

    May 1, 2009 at 8:38 p.m.

  • Oh my gosh zorro, I have to laugh! My wife has been complaining for many months now that some whacko will seek retribution on me, her, or our house (since I'm the only Don Mader in town) because I have been so outspoken. I'm an old man and you have nothing to fear from me. I fight my wars with words here on the forum or in letters to the editor. But I do say, if you can't back up your accusations or innuendos under your own name, then that's a real clue to your character.

    May 1, 2009 at 8:38 p.m.

  • YumeNoArashi. Sorry those were my typo's. I just wish they would put that dang spell check back.

    May 1, 2009 at 8:38 p.m.

  • Well said Mr. Mader. Now we can move on to this election for city council. We have preveiled with the VPD. Now we need to vote in James Martinez for Dist. 4.

    May 1, 2009 at 8:36 p.m.

  • 3PO,

    You state that I am angry and irrational Lets take the angry part first:

    Guilty! I'm angry at Tyler with good reason because of the following that I mentioned in a post earlier in this string;

    *I've watched some good people that I know have their names smeared, including a man I concider a friend, Ralph Buentello. Tyler caused a fair number of people and their wives and children a lot of needless stress, anxiety and fear for many many months. YES, that angered me.

    *I've watched a clearly vindictive man engaged in a personal vendetta that has smeared the reputation of a town I've grown to love over the last twenty-seven years. YES that angered me.

    *I've watched a relentless but meaningless campaign by the D.A. to massage his ego that wasted thousands and thousands of tax payer dollars, part of which I contributed. YES, that has made ne mad.

    But in any my posts, please show me where I've been irrational. When I've provided information as facts, it was true to the best of my knowledge. When I speculated about something, I made it clear that I was speculating. Elsewhere, I clearly identitfied what was merely my opinion. I have made several errors and when I did, I acknowledged them.

    I have viorously responded to posts that I felt were self-serving or at least underhandedly serving of Tyler and/or Mr. Hagan and have strongly defended people I believe to have been treated unfairly and hurtfully. But I challenge you to show me where I've spoken irrationally!

    On the other hand many Tyler and/or Hagan supporters have resorted to character assasination with unsubstantiated accusations, half truths and outright lies about people that believe that Tyler has abused the power of his office and/or believe that David Hagan is a self-serving politician who can't keep his facts straight (or unfortunately for him, when to keep his mouth shut.)

    I have also banged away at the supporters of these two men as well when I felt they were deliberately trying to mis-inform others on this forum. I served my country in the Marine Corps, paid my taxes and have been involved in voluntary community efforts of one type or the other my whole working life. I also believe I have the right to speak up and to speak out when I see when I see harm being done.

    You Sir, on the other hand have used character damaging innuendos, sly remarks or leading questions that you never expect to be answered. For example in a previous post on this topic you said: "Did anyone else notice how elated the individuals in the picture on the front page of the paper appeared BEFORE the hearing? It is almost like they knew what was going to happen ahead of time." Insinuating that "the fix was in". I saw Bruce Ure's face right after the Judge made his decision. The Chief was clearly stunned and he clearly wasn't faking it.

    May 1, 2009 at 8:28 p.m.

  • 3PO:"If the evidence, motions, etc. are such that two experienced judges come to complete opposite conclusions..."

    There weren't two completely opposite conclusions. There was one "present but not voting" but only one conclusion.

    Ernie

    May 1, 2009 at 8:22 p.m.

  • In Texas, the decline in public confidence of the judiciary is directly related to the financing of judicial campaigns. While it is not illegal for a judge to have accepted campaign funds and organizational support from a law firm (or any one else) with an interest in a case that comes before the judge, that circumstance does lend itself to public suspicion and mistrust in the judges rulings and verdicts. My skepticism of the dismissal of the Ure case that Judge Williams decided yesterday is founded in the appearance of impropriety brought about by my understanding of the support he has received from a local law firm that was part of the Ure case. Since Judge Cheshire has not explained the reason for stepping down in the Ure case, I don't know for certain that Judge Williams does not have the same conflict of interest that led Judge Cheshire to step down from the case.

    In regards to using my real name here as suggested by Mader. The disrespect and abuse that Mader and a few of others dish out here online gives me pause, and makes me wonder to what ends he and the others would go if they knew our real names. You guys sound a tad on the extremist side to me. Now that the Ure case has been dropped, you guys project the image of a bully. You have all that police power muscle behind you now do you?

    May 1, 2009 at 7:23 p.m.

  • YumeNoArashi,

    Your comments are in the same vien as Mader's without the anger, irrational.

    I did not attend any of the candidate forums, I have made no speeches and I have no ties with the citizens group. Again your rants are not based on any facts but on your irrational ideas.

    Your comment about WTC and 9/11 is both irrational and un American. I have close personal friends who lives were impacted by this attack and I don't appreciate your taking light of that situation.

    May 1, 2009 at 6:46 p.m.

  • who ever runs against Tyler.....please vote vote her/him! this guy needs to be VOTED OUT OF OFFICE. Impeached.....???

    May 1, 2009 at 6:38 p.m.

  • Mader,

    I cannot speak for anyone but myself but the reason I do not post under my name (as the vast majority of people don't) is because of men like you.

    You are a very angry individual and that anger leads to irrational comments and professing your opinions as if they are facts. Anger and irrational comments lead me to believe you also would engage in irrational actions to which I will not expose my family or my business.

    May 1, 2009 at 6:31 p.m.

  • That picture in today's front page ewwwhhhhh I almost threw up. Come on VA that was to much of a close up. you think?

    May 1, 2009 at 5:56 p.m.

  • Smartee
    Why on earth would Hagan who says he stands on Christian principles tell some ladies to go to Hell? For that matter what was he doing trying to get personel files on city employees for Tyler? Is he on the County payroll, now??? Or just doing an old buddy a favor? omgosh is he lying again? I hope all that baggage he's packing is full of his and Tylers BVDs! Leave Victoria, go somewhere... ANYwhere... just leave this county or for that matter, leave this state. Like two mutated turnip heads! Strange bedfellows. Take your mean spirts and vendettas somewhere else.

    May 1, 2009 at 5:55 p.m.

  • Vote early and vote often

    May 1, 2009 at 5:48 p.m.

  • BIG J YOURS IS THE BEST POST!

    May 1, 2009 at 4:49 p.m.

  • I guess Mr. Hagan the truth is known the men in blue are free.

    May 1, 2009 at 4:45 p.m.

  • this is what i received in the mail.

    In today mail i received something from David Hagan this is what it says:

    Dear Neighbor,

    Being a good city coucil meember is about listening..... to you and

    your concerns... Then standing up for those concerns and

    defending your values.

    Recently, our city has been embroiled in controversy. The news

    has been full of sotires about indicted city officials, criminal trials

    and official wrong doing. It is emarrassing. As a cityzen you

    should be angry. I know i am. The truth should and be known.

    Until then, rest assured, I will continue to represent your values

    and protect the public trust.

    Standing up for and defending the interest of taxpayers doesn't

    always make me the most popular council with some of my

    colleagues or the news media, but i wasn't elected to preresent

    the special interests. I was elected to preresent the special

    interest. I was elected to represent your interests.

    I am proud of my work on the council and I am hubled by theoutpouring of support I have recived from the people of

    Victoria for my efforts. that is why I am seeking re election to a

    second term sothat i can continue to serve you.

    That means continuing to listen to you and carrying your concerns

    to the city council. representing you an your family is a high honor

    and I hope that i can contiue to count on your support.

    May 1, 2009 at 4:43 p.m.

  • Geez! This guy is determined to prove himself right! But, on what grounds and at what cost? I hope for his family's sake that he has a "new job" in the wings for when he's voted out next year! If he doesn't get voted out, it will surprise me

    May 1, 2009 at 4:39 p.m.

  • One more thing 3PO and zorro,

    Why not use your real names which you make provocative remarks on this forum? Are you afraid you]ll have to eat your words in public someday if people know who you are?

    Trust me, it's really interesting to use your real name when posting here - you have to be much more careful about what you say, 'cause you'll be expected to back it up when people know your identity. Ask Kenneth Schustereit - he'll tell you!

    May 1, 2009 at 4:19 p.m.

  • 3PO,

    You're certainly welcome to your suspicions and personal feelings.

    If you read my post carefully, you'll see that I quoted Judge Cheshire remark about what he said in the courtroom (while I was present) He said "wasn't sure he had the authority and would research it". I cast NO disparaging remarks about the Honorable Judge Cheshire.

    And 3PO< while you're at it, you might ask what D.A. took contributions (according to his campaign financial documents ) from folks who had 8-liner machine investments and why none of those cases have been prosecuted

    May 1, 2009 at 3:53 p.m.

  • I would like to hear more about "the judge has taken financial contributions and organizational support from a person involved with the case". Which judge and and which person in the case?

    I also am suspicious of this fast dismissal after another judge was convenced a jury trial was the correct approach. Again, I hope justice is being served and not political agendas. I have never heard anything but praise for the work of Judge Cheshire and I do not for one minute believe his interpertation of the law was so different from Judge Williams in this case. The citizens of Victoria deserve to know what happened and by dismissing this case Judge Williams has tried to insure the truth is not heard. If the truth is Ure was/is innocent, a jury of his peers would have arrived at that conclusion. I personally feel one man making a decision in this highly publicized case is suspect.

    May 1, 2009 at 3:35 p.m.

  • I don't know any of the princpals in this case personally. However, I do know that once a person has been splattered with the mud of false accusation, that even though one can wipe the blobs off their shirt, the stain remains--NO MATTER HOW FAR ONE MOVES FORWARD IN TIME AFTER THE FACT.

    That this sorry matter has persisted as long as it has--rather like the smell of skunk after it has sprayed one's house--is bad enough. That the elected and appointed officials of our city have been the ones so sprayed is unacceptable. It is time for this ongoing travesty to end. And God have mercy on us all if Mr Tyler persists in his ill advised vendetta!

    May 1, 2009 at 3:17 p.m.

  • Pertinent advice for Tyler,

    You need to realize that as a D.A., you're going to win some and occasionally lose some. Face it Mr. Tyler, you've never won at the Appellate Court level and you're not going to do so this time around either. Judge Williams is a stickler for correct interpretation of the law - he insists that all the "I"s be dotted and the "T"s be crossed. Unlike Judge Cheshire, Judge Williams knows what he can do and can't do in tossing you off the case. It should be no surprise to anyone that it didn't take long for him to realize you were wrong.

    I'ts way past time to stop your malicious hounding of the City officials and get on with the job prosecuting real criminals like the pervert that abused Mimi 312's granddaughter. I personally know of another case about a young girl sexually abused by her father that you have let languish in spite of hospital reports and DNA evidence. Your insistence on being the one to prosecute your buddy Mike Ratcliff shows where your head is at. Fortunately public pressure forced you off the case or he wouldn't been convicted of anything. By the way, contrary to popular opinion, the judge didn't pick the pro tem D.A. for Ratcliff's trail out of the air - he asked you to recommend some people and you gave him only one name - your buddy, so he picked him.

    Your ego-driven vendetta has caused so much harm:
    - You've viciously damaged the reputation of people; and in spite of their innocence, there will always be a cloud hanging over their names! Their families have also suffered pain unnecessarily because of your slanderous actions!

    -You've needlessly caused one man to spend thousands of dollars out of his own pocket for his defense, while wasting many, many more thousands of our tax dollars on the defense of others!

    -You've abused the power of your office and made a mockery of the justice system!

    - and last but not least, you've dragged Victoria through the mud and made our city a laughingstock! Do you really think local citizens will forget that at election time? Do you not realize you've stamped R.I.P. on your career as a D.A.?

    Sadly, it's all been about gratifying your monsterous ego while strutting around boasting that you're "THE MAN and nobody messes with "THE MAN!" Grow up Stevie! Get on with doing your job while you still have a one.

    May 1, 2009 at 2:38 p.m.

  • The way Judge Cheshire handled the Ure case for so long before he stepped down citing conflict of interest is suspicious. Judge Williams finding cause to dismiss the charges so soon after taking over the case is suspicious. There would appear to be a conflict of interest stemming from ruling on a case where the judge has taken financial contributions and organizational support from a person involved with the case. All of this has the appearance of impropriety and it looks suspicious.

    May 1, 2009 at 2:34 p.m.

  • what just keeps bothering me is that the DA prosecutes the public servants and keeps it up and the real criminal (ratliff) got off with basically a slap on the wrist.

    so public servants prosecuted to the fullest extent of the law and a guilty man, eh not so much?

    mr DA where is the justice in this situation?

    May 1, 2009 at 1:46 p.m.

  • Steve Tyler, give it up! Don't you have anything better to do than pursuing these individuals for your own personal vindictiveness?
    Your term in office can't end soon enough. You've made Victoria the laughing stock of the whole country by your pettiness! Step down!

    May 1, 2009 at 1:27 p.m.

  • Zorro - even if you are correct (and bad haiku post does not equal good info; add details!) it does not mean the judge's decision was incorrect. This case is a distraction from the real work of law enforcement. Time to move on and get to work getting rid of gangsters, drug dealers, smugglers, arsonists and the rest. Time for the DA, VPD and SO to work like a team. Move on!

    May 1, 2009 at 12:36 p.m.

  • Ok Zero, Enlighten us. What part of being the "Victim" and the "Prosecutor" at the same time makes sense, Zero? TYLER can't make up his own rules, albeit he has darn well tried.

    "TYLER TOSSED" headline was such a breath of fresh air this morning. Maybe TYLER will be disbarred for using his office for official oppression! Smith, Ure, Buentello, et el should charge him with defamation of character.

    May 1, 2009 at 12:36 p.m.

  • Ratcliff is the reason why all this has happened. Point.

    May 1, 2009 at 12:19 p.m.

  • Come on Tyler . Let it go. accept defeat!

    May 1, 2009 at 12:18 p.m.

  • We have a system in Victoria where only a few individuals control who serves as judges. These individuals give a great deal of money and they control the process of judicial elections. Law firms contribute money to judicial elections right here in Victoria. One of those law firms was involved in the Ure case.

    May 1, 2009 at 12:15 p.m.

  • The big question everyone should be asking, is why didn't Judge Cheshire do this a long time ago. It appears Judge Williams simply cleared up a mess that Cheshire allowed to fester for way too long. At the very least, this case and the related Ratcliff case should have had a change of venue from the very beginning, if for no other reason than to remove the appearance of impropriety. I personally believe a lot about the Ratclif case was swept under the rug to enable certain individuals to save face. I feel he got off way too easy. Now we have all the Tyler supporters claiming that Judge Williams made a mistake and the rest of the people are relieved that justice has been done. With as many problems as this case has had (i.e the number of re-indictments required, dismissal of the charges against the mayor, etc.) it should be obvious to anyone that the case was weak and should not have gotten this far. I doubt seriously the appeals court will overturn Judge Williams ruling.

    May 1, 2009 at 12:13 p.m.

  • Thank you KolacheLady! It's good to know someone else out there is outraged by this DA's inaction on crimes involving women and children....

    I'm sorry now that I voted for Tyler. I believed in him. And my belief was misplaced.

    May 1, 2009 at 11:48 a.m.

  • Oh, Mimi, I am guessing by your name that you may be the grandmother to the young girl who was sexually assaulted. I am so sorry. This is not the first time I have heard of the DA not following through on charging and trying criminals of sexual assault. All those who have been re-victimized by TYLER for failure to take a sexual assault case to court need to form a group and take this matter further... but I don't where they could fight this. Why wouldn't a DA want to put sexual molesters behind bars? It makes no sense ... but then again, he went ahead and hired Ratchliff after being warned that the ex sherrif was under investigation for molesting a boy. Something is wrong with the DA's mind. We need intergrity and trust put back in to our County DA's office not some half cocked Politician.

    May 1, 2009 at 11:26 a.m.

  • I am comforted to know that the DA will appeal this decision to the 13th State Court of Appeals. For the good of the community, we need to know if Judge Williams ruling will stand up to judicial review. Judge Williams ruling looks suspect in many regards. It has the appearance of impropriety. If he ruled on solid legal foundation he should not fear having his ruling examined by a higher court.

    May 1, 2009 at 11:22 a.m.

  • Doesn't anyone have a question about why one judge, who spent months reviewing evidence, heard mulitple motions and heard live tesitmony, selected a jury for the trial to go forward and now another judge who has only been involved for two weeks dismisses the case?

    How can Judge Cheshire be so wrong and Judge Williams be so right? This just does not make sense to me. If the evidence, motions, etc. are such that two experienced judges come to complete opposite conclusions shouldn't a jury decide this rather then one man?

    Did anyone else notice how elated the individuals in the picture on the front page of the paper appeared BEFORE the hearing? It is almost like they knew what was going to happen ahead of time.

    I just hope justice has been served in this situation and not political agendas. Again, the citizens of Victoria are denied knowing what really has taken place.

    May 1, 2009 at 10:46 a.m.

  • I was going to let it alone --- until I read this statement:

    Tyler said. "I've still, throughout all this, maintained a greater number of cases than the previous administration."

    Really, Mr. Tyler?

    Then answer this question: Why has 27 months passed since a young girl was sexually assaulted, someone close and dear to me, yet your office has yet to do ANYTHING about it?

    You know who the alleged perpetrator is. There is DNA evidence, video taped statements, written and notarized statements and the alleged perpetrator has a long list of criminal activity --- yet he is still out among our daughters, capable of repeating his crime!

    You say you are tough on sexual offenders --- Why hasn't one single thing been done on this case???

    You PERSONNALLY told the victims family that you would look into the case and get back with them within a few days.... that was nearly 11 months ago and they haven't so much as received a note from you, saying you are still looking into it, or you have looked into it or KMA!

    If you are so, hellbent on destroying VPD, Ure, Armstrong and the rest, that you would leave REAL victims twisting in the wind like this, then you, sir, have NO BUSINESS representing the people of this county!

    All you Tyler supporters out there who believe him to be some crusader for good, don't believe it! If he really wanted to prove to the voters that he would do more than previous administration, he would go after the REAL criminals.

    This case has been in limbo long enough! Mr. Tyler, DO YOUR JOB and get this child molestor off the streets!

    May 1, 2009 at 10:37 a.m.

  • if this man doesn't leave Victoria on his own, we can vote him out Dec 2010

    May 1, 2009 at 10:08 a.m.

  • Even after he's been defeated, he still cant admit when he's wrong. What a sad, sad, sad little man.

    April 30, 2009 at 9:22 p.m.

  • roberttx: It is not so much that he should "give up on this town" than it is he should "leave it alone". I agree 100% about his never being heard from again.

    April 30, 2009 at 6:58 p.m.

  • can tyler please give up on this town and simply move away, never to be heard from again ?

    April 30, 2009 at 6:54 p.m.