East Bernard Express (East Bernard, Tex.), Vol. 71, No. 17, Ed. 1 Thursday, April 24, 2014 Page: 2 of 12
twelve pages : ill.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Page AS
Thursday, April 24, 2014
East Bernard Express
What happens if someone is
ruled incompetent to stand tria'
What happens to someone who is
ruled incompetent to stand trial in
criminal court? A Texas Ranger once told
me that there is no rational explanation
for an irrational act.
Many crimes that are committed are
senseless, and people usually react by
thinking a person must be "crazy’ to have
done such a thing.
In Texas, a person is incompetent if
they either cannot assist their attorney
in their defense, or are unable to under-
stand the charges against them due to
mental illness.
It is a high burden, as many people
have some type of mental illness or dis-
ease, but don’t meet these standards.
In Wharton County, when either the
state or defense believes there is prob-
able cause to believe a person may be
incompetent, we ask the court to grant a
motion for competency.
If granted, Wharton County de-
fendants are transported (if in jail) or
ordered to go (if not in jail) to UTMB
Galveston where a psychiatrist who has
no personal stake in a case is appointed
to determine the competency of that
defendant.
If the defendant is indigent, the
county must pay for the transport and
examination. If the defendant is ruled
competent, plea negotiations may con-
tinue and a plea can be entered into if
reached, or a trial can commence if not.
If a defendant is ruled incompetent,
he/she is ordered/committed to a state
psychiatric facility to determine if com-
petency can be restored.
This process involves counseling and
medication. If, after a period of ap-
proximately 120 days, that occurs, the
Ross
Kurtz
District
Attorney
defendant is released and allowed to be
bound over for trial or to reach a plea.
If that restoration is ruled by doctors
as not possible, the defendant will be
ordered committed until a period of time
when he/she is restored to competency.
That process, when dealing with indi-
viduals with severe mental illness, can
take years and sometimes never occurs.
Under the code of criminal procedure,
the maximum time a defendant can
remain in that facility is the maximum
sentence their alleged crime allows.
There is a substantial difference be-
tween the requirements for a defendant
accused of a violent offense and a defen-
dant accused of a non-violent offense, as
defined by the Penal Code. There are
also more resources for those accused of
felonies than there are for those accused
of misdemeanors.
Even if a defendant is ruled compe-
tent, if they are convicted after a trial, it
may be possible for his/her attorney to
introduce evidence of the mental illness
in the punishment portion in the hopes
of receiving a punishment that involves
rehabilitation and probation in lieu of
incarceration.
Some defendants plead not guilty by
reason of insanity; which means they
were temporarily insane at the time
they committed the offense, but have
since regained control of their mental
faculties.
This is very different from being ruled
incompetent; it is an argument pre-
sented at trial, rather than a defendant
being ruled unable to stand trial due to
ongoing mental disease or illness.
Most of those ruled incompetent are
housed for substantial periods in our
county jail as they are alleged to have
committed some type of crime; these
crimes vary from drug offenses, crimi-
nal trespass, all the way up to violent
felonies.
Our jail staff takes very seriously the
need for them to both be protected from
these inmates who are sometimes vio-
lent toward the jail staff; attempting to
assault them and/or throw their bodily
fluids and their human waste on them,
as well as the need to protect these
inmates from others and themselves;
some of these inmates are preyed upon
by other inmates, and some attempt to
hurt themselves.
Understandably, views of the general
public vary about whether criminals
should be able to avoid convictions for
crimes they committed due to mental
illness, and whether Texas has sufficient
care for those ruled incompetent and
the financial burden they put on our
county, but what is not contested Is the
professionalism and compassion they
are shown by the jail staff as they are
awaiting an outcome to their case(s).
Ross Kurtz is district attorney of Whar-
ton County. His column appears once a
month. He can he reached at wharton-
countyda@yahoo.com.
— Early voting starts Monday for May 10 elections
Continued from Page 1
Unlike the county, state
and federal elections, voters
don’t have an option to go to
different sites to vote. They
must vote at the designated
East Bernard location to vote
in the East Bernard elections.
Here is how the local elec-
tions shape up:
City of East Bernard
With longtime Mayor Buck
Boettcher retiring for the posi-
tion he has held since the city’s
beginning in 2003, two candi-
dates have filed for the position.
Current council member
Terry Hlavinka is seeking the
mayor’s spot, along with Mar-
vin Holub.
Two other positions are also
contested. With Hlavinka run-
ning for mayor, his Place 2 posi-
tion will become open. Running
for that spot are Kim Tielke
and Rhonda Morrow.
In Place 4, former council
member John Salcido and Ben
Webster are seeking the posi-
tion held by Tammy Vacek,
who did not seek re-election.
East Bernard
School Board
Highlighting the EBISD
ballot is a $24.9 million bond
election for school improve-
ments, including a new high
school.
In addition to a new high
school, the election, if approved,
calls for a new field house, Ag/
CATE building, stadium im-
provements with restrooms
and concessions, auditorium,
auxiliary gym and contingency,
miscellaneous and technology.
Voters will also have a con-
tested race after board member
John Safina decided not to run
again. Three candidates are
seeking his Place 2 position —
Jarrod Cavness, Doug Sellers
and Scott Fajkus.
However, Fajkus has with-
drawn from the race after his
wife accepted a position with
the school district. He was not
able to withdraw in time to
have his name taken off the
ballot, so he urges everyone not
to vote for him.
Also up for election this year
is incumbent Hank Alexander
in Place 1, who is unopposed.
Wharton County
WCIDNo.2
Two at-large positions are
open on the Wharton County
Wharton Control & Improve-
ment District No. 2, which
serves the East Bernard area,
and both incumbents will re-
turn to their positions.
The positions are held by
Don Demny and Weldon Fer-
rill. Both filed for re-election,
and they were unopposed.
Because of that, the election
is expected to be cancelled, and
both will automatically return
to their positions.
Wharton County
Junior College board
Two of the three open posi-
tions will have opponents.
In Position 4, incumbent
Amy Rod will be challenged by
Thomas Stavinoha. Stavinoha
had originally filed for Position
8, but on Feb. 28 — the last day
to file — he changed his appli-
cation to Position 4.
In Position 8, incumbent Ol-
iver Kunkel is running again,
and his opponent will be Edee
Sinclair.
In Position 3, Ann Hundl is
unopposed.
QUALIFIED
EXPERIENCED
★ ★ ★ ★ ★
CONSERVATIVE
TERRA
^__^ ^__^ ^ s--1
(°£SS£l
I=J[L
Bruce T. Cooper, MD DDS
El Campo Office
105 N. Washington Street • El Campo, TX 77437
Wisdom Teeth (Third Molars) • Dental Implants • IV Sedation
Surgery for Orthodontics • Extractions for Dentures, etc.
El Campo
281-453-5300
Houston
Houston Office
Willowbrook Surgery Center • 12814 Willow Centre Drive, Suite B
Houston, Texas 77066 (Near FM 1960 and Hwy 249)
Eldridge
Air Conditioning
Mi ©imiTKIi It [FOXHTHi Kig?
We Service All Brands
TRANE
Independent Trane® Dealer
B
T5ST
@ 3
Since 1976
RESIDENTIAL & COMMERCIAL
Serving Wharton & Surrounding Counties
979-532-8150
979-543-5301
www.eldridgeservices.com
1929 E. Boling Hwy*Wharton
TACLA001118C
Sales tax revenue is up
Continued from Page 1
$554.5 million to cities, coun-
ties, transit systems and spe-
cial purpose taxing districts,
which were up 6.2 percent
compared to April 2013.
The sales tax figures rep-
resent monthly sales made in
February.
• For details of April sales
tax payments to individual cit-
ies, counties, transit systems
and special purpose districts,
locate the monthly sales tax
allocation comparison sum-
mary reports on the Comptrol-
ler’s website at www.window,
state.tx.us / taxinfo / allocsum /
compsum.html.
Like us on
Facebook!
www.facebook.com/
eastbernardexpress
East Bernard
Exotbss
Incorporating the
(fast Bmiai'i) Cciimnt
Established November, 1948
USPS # 164340
Volume 71, Issue No. 17
Thursday, April 24, 2014
Periodicals Postage Paid at
East Bernard, Texas 77435.
Annual subscription price
$29.00 per year in Wharton
County, Eagle Lake and Wal-
lis; $39.00 per year elsewhere
in Texas; $59.00 per year out
of state.
The East Bernard Express is pub-
lished weekly by Wharton Coun-
ty Newspapers, Inc., 704 Main
Street, East Bernard, TX 77435.
Postmaster: Send Change of
Address Notices to: PO. Box
111, Wharton, TX 77488.
f II E PEAZA THE AT BE
‘Pundit/ ‘Pke/tmtJ
Presented by The Orchard at Caney Creek
Cedar Chest Quilt Shoppe, & Modern Cleaners
A comedy by Joe DiPieJro
: Presented by special arrangement with Dramatists Play Service
Directed by keri Graff
April 25, 26, 27 & Ay 2, 3, 4, 2<
Fridays & Saturdays at 7:30pm • Sundays at 2:30pm
General Admission: $12
Seniors, Students and Groups of 10 or more: $10
pq
OHIO
whartonplazatheatre.org • (979) 282-2226
The Plaza Theatre • Monterey Square • Wharton, Texas
TCMomm-ndedfob jdadtcHCM
.If you are concerned that your taxes will
go up 32% to pay for the $24,900,000.00
school bond.
...If you are concerned that you are renting
and an increase in your rent will occur as a
result of increased property taxes.
...If you are concerned that the 1st project
will be the construction of a new 3500 seat
football stadium at the site of the track.
...If you are concerned that the
$4,193,757.00 for the auxiliary weight
room, practice field, elementary and junior
high renovations are not included in the
$24,900,000.00 school bond.
Paid for by
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View one place within this issue that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Wallace, Bill. East Bernard Express (East Bernard, Tex.), Vol. 71, No. 17, Ed. 1 Thursday, April 24, 2014, newspaper, April 24, 2014; East Bernard, Texas. (https://texashistory.unt.edu/ark:/67531/metapth787220/m1/2/?q=Lamar+University: accessed June 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Wharton County Library.