EL PASO, Texas (KTSM) — After an El Paso County judge at law dismissed cases against more than 200 migrants charged with misdemeanor rioting, the district attorney is trying again to get them back in court.
These cases revolve around the chaotic scene on March 21 at the border wall in El Paso, in which migrants forced their way past the Texas Army National Guard barriers and rushed the wall.
El Paso District Attorney Bill Hicks said Thursday his office will appeal the judge’s decision, saying they strongly believe it was an improper decision.
On Wednesday, El Paso County court at law Judge Ruben Morales determined he had no jurisdiction on the matter, saying his hands were tied because the district court did not properly transfer the cases back down to the county courts.
On Thursday, Hicks emphasized that oversight was not on his office.
“I want to make this clear because it’s been suggested that somehow it was a loss for our office, for the district attorney’s office,” Hicks said. “And that’s not a correct assumption or assertion. This is not a procedure that the District Attorney’s Office or any prosecutorial entity has any control over.”
Hicks added that his office feels very strongly that the transfer procedure between the district and county courts was appropriate and proper. He said his office has been called to court without adequate notice and proper documents being served to them.
El Paso County Public Defender Kelli Childress, who is representing migrants in these cases, told KTSM on Wednesday that the effort from the DA’s office to indict these misdemeanor cases with a grand jury is a waste of resources and not a normal process.
Hicks said Childress’ office has been serving them with requests for information that has nothing to do with defending their clients and determining whether they’re guilty or not.
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