Sheriff says potential criminal case charges “pending”
-
Alt Text for Image -
Two cowboys rope a baby calf during seizure Sept. 8 of more than 70 cows on property at the center of a livestock case which alleged the owner failed to care for the animals properly. Contributed photos/Eddie Shell -
Two dogs chase a calf Sept. 8 while a cowboy lurks behind during seizure of more than 70 cows on property managed by Pct. 3 Burnet County Commissioner Billy Wall. -
Several cattle drink water on property Sept. 8 managed by Pct. 3 Commissioner Billy Wall, who was the subject of a settled civil case which alleged the livestock suffered poor care. -
(From left) Burnet Attorney Eddie Shell chats with local media as Pct. 3 Burnet County Commissioner Billy Wall listens Sept. 30 in Burnet. Raymond V. Whelan/The Highlander
Burnet County officials and a member of the commissioners court agreed out-of-court settlement Sept. 30 in a civil case related to alleged failure to adequately feed several head of cattle on his property.
Defense Attorney Eddie Shell, who represents Pct. 3 County Commissioner Billy Wall, announced the agreement with local media during a media conference last Friday in his Burnet office.
“This case was a fiasco on the part of Burnet County officials who handled its issues,” Shell told attendees. “It was a little bit theatrical, a little bit unnecessary, and certainly, it
Livestock ...see Page 3
The commissioner expressed concern about how a crew rounded up his seized livestock.
Contributed photo/Eddie Shell From Page 1
could have been handled a different way.”
The case had been scheduled for a hearing Friday in the Precinct 3 court. However, hours before the hearing, the agreement settled the civil dispute.
“No criminal charges were filed in this matter,” Shell says.
Not yet, according to Burnet County Sheriff Calvin Boyd.
“Eddie Shell has made a career out of blaming the police in order to defend his clients,” Boyd told The Highlander Sept. 30 in a statement. “We can’t comment on his comments at this time do to pending criminal charges.”
Wall found himself in legal distress last month, when Burnet County Livestock Deputy Jason Jewett began to investigate complaints about cattle “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.
“I was fully cooperative,” Wall recalls. “If Burnet County had simply come to my house and indicated they felt my cattle were underfed and stressed, I would have loaded them up and taken them to sale myself.”
Moreover, Wall recalls, he did suggest county officials or a designated agent could supervise cattle on in his property.
According to official reports, soon after Jewett inspected the Wall property, he requested a warrant to seize the cattle. Pct. 2 Justice of the Peace Lisa Whitehead approved the warrant Sept. 7. The following day, Sheriff’s deputies and several others entered the Wall property, seized several of his cattle and transferred them to the Burnet County Fairgrounds. During the seizure, one cow injured its leg and had to be destroyed. Later, four more cows from the Wall property died while in county custody, Shell says. “They (county officials) sent an army,” Shell adds. “Two people could have handled (the seizure). The county should have held a helping hand to Billy instead of making things worse.” Initially, the case appeared Sept. 16 in the Burnet County Courthouse Precinct 2 court before visiting Mason County Judge Treg Hudson. Successfully, Shell pleaded for the matter to be heard in Precinct 3, where Wall resides. The second hearing was scheduled to occur Sept. 30 before Justice of the Peace Pct. 3 Jane Marie Hurst in Marble Falls at the County South Annex. Hours before the hearing, county officials and Wall agreed to settle out of court. According to Shell, the agreement stipulates 79 cattle seized from Wall will be sold at auction soon in Lampasas, Mason or San Saba. In turn, Wall will 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.
“Mr. Wall is anxious to get the cattle to auction and sold so the county may be reimbursed,” Shell says. “He will receive the balance from the sale of the cattle after reimbursement to the county.”
Shell contends he was prepared to oppose the fees.
“But Billy will not let me do it,” the attorney adds. “He doesn’t want taxpayers to pay anything whatsoever. He told me, ‘Do not fight or fuss about the fees.’” Wall has completed almost six years as commissioner. His current term ends by the end of 2024.
“I am humbled by the amount of support I have received from the people in precinct 3 and Burnet County overall,” Wall says. “I am committed to reimbursing Burnet County for any expenses incurred during this ordeal. The last thing I want is for the taxpayers of Burnet County to bear the burden of these expenses.”
Shell believes Wall and other Texas ranchers have struggled with several consecutive days of 100 F temperatures during recent weeks and the “worst drought during the past 128 years.”
“Cattle are dying at a huge rate in Texas because of the heat,” Shell says. “Billy and every Texas rancher really only had three choices. They could look into a crystal ball, which would tell them when to sell the entire herd they have developed over years. Or, go broke from buying hay at prices which dropped from $250 to $40 a bale. Or, gamble - like Billy did – wait and see if it rained through August and then say, ‘I can make it through the drought.’ A lot of ranchers lost the gamble, but none of them had their cattle seized.” County Attorney Eddie Arredondo filed recusal for himself and his entire department from the Wall case last month, because they were busy defending all of the Burnet county commissioners (including Wall) in a lawsuit related to election machines.
There was “an actual conflict of interest,” Arredondo explained.
In turn, Arredondo asked Williamson County Attorney Doyle “Dee” Hobbs for assistance, and Hobbs appointed Carson Walker, the Williamson County assistant attorney, to represent the state of Texas and Burnet County in the Wall case.
“We were not involved in the matter,” Arredondo told The Highlander Oct. 3.
Recently, Judge Evan Stubbs of the 424th Judicial District dismissed the election machines suit.
However, an appeal has been filed to challenge the Stubbs decision, and the recusal of his office from the Wall cattle case still stands, Arredondo said.
“The county should have held a helping hand... instead of making things worse.”
– Eddie Shell Defense Attorney