BRAZOS COUNTY, Tex. (KBTX) - A Brazos County grand jury has declined to indict a Texas Alcohol and Beverage Commission officer who was facing a charge of aggravated perjury.
This comes after an investigation at a Northgate bar where a bartender was wrongfully accused of serving a minor. The bartender was found not guilty after video footage from the bar showed the TABC officer handing a drink to an underage person.
Despite the video evidence, the jury has decided not to indict the officer.
The Brazos County District Attorney’s Office released an official statement regarding the grand jury’s investigation:
"A Brazos County Grand Jury declined to return an indictment in the investigation of a Texas Alcoholic Beverage Commission officer for the offense of Aggravated Perjury.
The finding by the grand jury means they did not believe there was sufficient evidence to establish probable cause for the legal elements required for this offense.
The essential function of the grand jury is evaluating evidence to determine whether or not a person should be formally accused of a crime. Art. 2.03 of the Code of Criminal Procedure does not grant the grand jury additional authority to issue reports.
Aggravated Perjury requires that a defendant make a false material statement under oath during an official proceeding, with knowledge of the statement’s meaning, and with intent to deceive. The Texas Court of Criminal Appeals has stated that a factfinder must find not only that the statement in question is false, but that the speaker believed it was false. De La Paz v. State, 279 S.W. 3d 336 (Tx. Crim. App. 2009).
The Brazos County District Attorney's Office acts as the legal advisor to the grand jury and provides evidence and information collected by law enforcement, as well as any additional information, evidence, or witnesses the grand jury may request.
The Brazos County District Attorney’s Office would like to thank the grand jury for their hard work, dedication and their commitment to a thorough investigation. We respect the grand jury's analysis of the facts in light of the requirements set forth in the Texas Penal Code."