A county commissioner battling civil proceedings brought against him involving a livestock cruelty allegation may have his case heard before a jury, according to Burnet County court documents.
On Oct. 18, documents showed that attorneys for Burnet County Precinct 3 Commissioner Billy Wall filed a request for a jury to review a case brought against him by the Burnet County Sheriff’s Office, which seized his livestock in September.
As a result, county prosecutors are set to potentially launch into a pre-trial hearing on Nov. 11.
If the legal process plays out, a jury could hear the case involving 80 cattle in Wall’s care removed from a property by deputies and contractors on Sept. 8.
This most recent legal maneuver comes on the heels of Wall’s attorney filing an appeal on Oct. 11, despite an out-of-court agree- ment to surrender the cattle and pay back the county for their care.
The “notice of appeal” document was filed in the Burnet County precinct 3 justice of the peace court and signed by Pct. 3 Commissioner Billy Wall.
Prior to the appeal, on Sept. 30, Wall appeared to have agreed to an order in a deal with the county to surrender the livestock and pay for their care.
In essence, the appeal started the process all over again. Filing this Notice of Appeal, “renders the court’s orders in this case void and unenforceable, including any order to destroy or sell the animal(s),” the document stated.
An appeal bond accompanied the notice of appeal and listed Diane Jay and Manena Rueffer “as surety, acknowledge ourselves bound to pay to the court the amount of $96,193.94 which is the amount of the court costs assessed in the order described above plus the estimated costs for housing and caring for the animals(s)while impounded during the appeal process.”
BCSO investigators will likely prepare to present evidence alleging Wall failed to adequately feed the livestock.
The investigation stemmed from public complaints about cattle being “unreasonably deprived of necessary food and care” near or on several acres managed by Wall in Burnet County at CR 336 and CR 337 and FM 243.
Authorities obtained a warrant Sept. 7 and the following day, sheriff’s deputies and livestock contractors entered the property, seized several of the cattle and transferred them to the Burnet County Fairgrounds.
During the seizure, one cow injured its leg and had to be destroyed, officials confirmed. Later, four more cows reportedly perished while in county custody.
In county care, which included feed, veterinarian bills and personnel oversight of the animals, the county amassed a cost of over $30,000 in several weeks in the storage of Wall’s livestock.
The initial agreement between the county and Wall stipulated that 79 cattle would be sold at auction soon in Lampasas, Mason or San Saba.
In turn, Wall would pay fees of $30,000 tallied by county officials for “removal, care and feed of the cattle” while they have been held at the fairgrounds.