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2016-08-04

Montes, 2 – Boys in Blue, ZIP

By Judith Pannebaker BCC Editor

Bandera County Attorney Janna Lindig has returned a “non-prosecution” decision in the matter of a resisting arrest charge against Mary Montes by the City of Bandera Marshal’s Office.
The “non-prosecution” document arrived at the office of County Clerk Candy Wheeler on July 18. According to Lindig, the decision will eventually reach its final disposition on the desk of newly appointed temporary Municipal Judge Michael “Mike” Towers.
Previously, former Municipal Judge Francis Kaiser had dismissed a charge lodged against Montes for failing to identify herself to a city deputy marshal.
On May 16, City Marshal Will Dietrich had resorted to tasering the 66-year-old Montes during an incident that began as a violation of a city sign ordinance.
The incident escalated when Deputy Marshal Willie Smith, who also serves as code inspector for the City of Bandera, asked Montes to identify herself “for his report” and she refused as per Texas Penal Code 38.02. Smith had called Dietrich for backup.
During a meeting on Thursday, August 4, Bandera City Council will enter a closed executive session to discuss the results of an investigation conducted by City Administrator Michael “Mike” Garr of the marshal’s department, as well as the controversial tasering incident.
After reconvening in open session, council may – or may not – take action on Garr’s recommendations.