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2014-09-11

Fallout from Pompa mistrial

By Judith Pannebaker BCC Editor

In the wake of possible fallout from a mistrial recently declared in the 198th Judicial District, a veteran investigator with the Bandera County Sheriff's Office has resigned.
David McGilvray of the Criminal Investigation Division turned in a letter of resignation to Sheriff Dan Butts on Friday, August 29.
Although he did not elaborate on his decision, McGilvray had previously been identified as one of two investigators allegedly implicated in failing to turn over evidence to District Attorney Scott Monroe. The evidence pertained to an August 19 trial of Richard Ray Pompa II for burglary of a habitation and aggravated assault with a deadly weapon.
As the trial progressed, court testimony revealed that no supplemental reports or video and audio recordings had been given to Pompa's defense attorney Jerry Phillips during the discovery phase of the proceedings. The oversight left District Judge Rex Emerson with no option but to declare a mistrial.
According to Chief Deputy Matt King, the day after the mistrial, McGilvray became the subject of an administrative investigation. However, McGilvray resigned prior to the completion of the BCSO inquiry.
King noted that the investigation was initiated after consultations with Monroe and Emerson, who expressed concern about possible investigative and procedural errors.
Monroe did not immediately respond to the Courier's request for an interview.
For his part, McGilvray is no law enforcement novitiate.
According to a biography submitted to the Bandera County Courier when he was a sheriff candidate, McGilvray has been a peace officer for over 40 years and holds a Master Peace Officer license. Additionally, as a certified instructor for the Texas Commission on Law Enforcement officer Standards and Education (TCLEOSE), he has taught at 16 peace officer academies.
McGilvray began working for the BCSO in 1997.
"Administrative investigations are conducted to ensure that deputies follow proper procedures at all times during every phase of their own investigations," King said. "It's regrettable, but we have to essentially 'police the police' to make sure everyone follows the letter of the law."
In an earlier interview, Monroe said he would be ready to resume the aborted trial in September, but felt a more likely start date would be October or November. "Our intentions are to have a run at Mr. Pompa again," Monroe added.

Pictured: David McGilvray