Joe Cooskey addressed the Brown County Commissioner’s Court on Monday, December 19th.
Written by Amanda Coers – At the conclusion of the Brown County Commissioner’s Court on Monday, Judge Ray West allowed Joe Cooksey to address the court. Cooksey had submitted a form asking to speak during the public commentary session of the court.
Before being allowed to speak, Judge West cautioned Cooksey that discussion regarding items not listed on the agenda for the court would not be allowed. A caveat to the form for public address was added in 2014 regarding discussion of items not listed on the agenda. In order for items to be considered for addition to the Commissioners’ Court agenda, individuals must contact the County Judge’s office at least 72 hours prior to the commissioners’ court session.
Contact information for the judge’s office is as follows: County Judge Judge E. Ray West, III, 200 South Broadway Street, Room 111, Brownwood, Texas 76801. Phone: 325-643-2828 Fax: 325-646-7013
An audio recording of the discussion between Joe Cooksey and Judge Ray West can be accessed here:
West noted Cooksey had been a vocal opponent of the Brown County Pre-trial Diversion Program, but also noted the diversion program was not listed on the agenda for the day’s discussion.
“We will put it on the agenda at some point in time,” said West.
The County Judge also took a moment to address recent comments regarding the program offered through County Attorney Shane Britton’s office.
“None of the comments that have been made, whether by private individuals, former law enforcement personnel, the auditor… no offense to you, Jennifer,” West began, referencing the County Auditor, Jennifer Robison, who recently made statements explaining the county would begin the process of repaying the money the Brown County Attorney’s office accepted using the diversion program.
“Nothing these folks have said reflects the decision of the Commissioner’s Court,” said West. “The court is responsible when it comes to decision making on any donated money. It’s premature to be making decisions. The Commissioners Court will make the final decision, not the Auditor.”
“Everything that’s been in the news,” continued West, “is all speculative. The investigation is not completed. We have an opinion,” said West, referencing the recent official opinion given by Texas Attorney General Ken Paxton in response to a request from the Brown County Auditor regarding the county’s pretrial diversion program.
“It’s an opinion, and that’s that,” said West.
At that point, Joe Cooksey addressed the court, saying “It’s the citizen’s participation time, I signed up to speak, and I’m entitled to make some comments.”
“No you’re not,” interrupted Judge West, “because it’s not on the agenda.”
Joe Cooksey answered, “There’s nothing in the rules, Judge, that requires my comments to the commissioner’s court during this time to be on the agenda. I filled out the form.”
Judge West conceded, “Alright, make your comment, Mr. Cooksey, but there’s not going to be any answers or discussion. This is not a forum, this is not a soapbox, so keep it short.”
“Since 2001 all the way to 2015, the county has collected roughly in the neighborhood of $714,000 in unauthorized…” Cooksey began. Judge West then stopped his comments, asking “Whoa, whoa, whoa, what’s this statement?” and held a copy of the signed forms presented by Cooksey. “This says, ‘I’m aware my comments must be limited to the issues relating to the above referenced agenda items.’ There is no agenda item here.”
Cooksey answered, “It doesn’t have to be on the agenda, you opened it up for public comments, right? Are you refusing to take my public comments on this issue?”
“Yes I am, because you signed up to speak on an agenda issue,” said Judge West.
“Your form is inaccurate, here are the rules,” Cooksey stated.
“No the form is very accurate,” said Judge West.
At that point, Judge West instructed the Brown County Sheriff, who was present during the meeting, to remove Cooskey from the room.
Joe Cooksey, known locally as the “Brown County Watchdawg,” has spent several years personally combing through official Brown County court documents pertaining to the pretrial diversion program operated through the county attorney’s office.
Cooksey’s efforts drew the attention of former Brown County Chief Deputy Bobby Duvall. Under the direction of former Brown County Chief Deputy Bobby Duvall, the sheriff’s office began investigating alleged missing funds from Britton’s program in 2014. The sheriff’s office later handed the case over to the FBI, the Texas Rangers, and the U.S. Attorney’s Office for the Northern District of Texas. At the request of the FBI, the Texas Rangers investigated allegations of misconduct in Brown County. The investigation was completed in early December 2016 and has been turned over to the U.S. Attorney’s Office.
Recent tragedy questions the effectiveness and ethics of the pretrial diversion program after a participant in the program was arrested for a hit-and-run incident that resulted in the death of an 8 year old child, Daylan Franklin.
According to arrest records, the driver, Samuel Juarez Jr. was intoxicated. Booking records showed a lengthy arrest history involving alcohol.
Juarez paid at least $500 as part of the Brown County DWI Pre-Trial Diversion Program on October 20, 2006. Official records show a receipt #122269 from Juarez for case #0600095.
Acceptance into the Brown County DWI Pre-Trial Diversion Program clearly states applicants must have no prior convictions or arrestees for DWI, or Public Intoxication. Juarez was booked into the Brown County Jail for DWI in 2001 and 2002, and was also booked for Public Intoxication in 2003. Acceptance of applicants also states no fleeing from an accident scene, for which Juarez was booked into the Brown County Jail in 2003.
Based on Juarez’s criminal record, Daylan’s mother, Vanessa Franklin, feels her son’s death was preventable.
“If they did their job right, my baby would be here right now,” Franklin told KTXS.
Currently Samuel Juarez Jr. is being held in the Brown County Jail in lieu of bonds totaling $300,000.
