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2016-07-14

Failure to ID charge dismissed

By Judith Pannebaker BCC Editor

A charge pending in the City of Bandera Municipal Court against a 66-year-old woman for failing to identify herself to a city deputy marshal has been dismissed.
Last week, Mary Montes, 66, received a letter from Municipal Judge Francis Kaiser noting “a lack of evidence” on the charge precluded further judicial proceedings. Kaiser dismissed the charges on the recommendation of Municipal Attorney Zachariah Taylor “Zac” Evans, an attorney with Akers & Akers, LLP, Kaiser indicated.
However, the charge of resisting arrest against Montes remains in effect and must be dealt by County Attorney Janna Lindig in county court.
City Marshal Will Dietrich resorted to tasering Montes in an incident that stemmed from a city sign ordinance violation on May 16. The incident escalated when Deputy Marshal Willie Smith, who also serves as city code inspector, asked Montes to identify herself and she refused as per Texas Penal Code 38.02.
Dietrich arrived as backup and, rather than de-escalate what had become a very tense situation, he tasered Montes who was on the floor at the time.
Bandera City Council requested that City Administrator Michael “Mike” Garr investigate the incident after a video of the tasering went viral over Internet. Garr will reportedly present his conclusions to city council during a regular meeting on Thursday, July 21.