HOUSTON – On Monday, the state’s largest police union was openly critical of the Probable Cause Court system used in Harris County.
One criminal law hearing officer in particular was brought into question.
Probable Cause Court at 49 San Jacinto Street is where the evidence against most defendants is first made public.
One of the 13 appointed hearing officers hears the evidence and decides if there is cause to charge the defendant and then sets their bond.
The president of the Houston Police Officer's Union said recent rulings may have endangered public safety, and contends the system allows too little accountability.
The union criticized hearing officer Lionel Castro, complaining of rulings he handed down in three recent cases.
One involved 20-year-old Johnathan Williams, who was free on bond awaiting trail for murder when he was a passenger in a car stopped by police. A gun was found in the car, but Castro ruled there was no probable cause to charge Williams or the driver, a convicted felon, with carrying it.
"They find a gun in the car on a legal traffic stop in a legal inventory of the vehicle, and he dismisses the case. How does that even happen?" HPOU President Joe Gamaldi said.
In two other cases, Castro ordered defendants to be released on unsecured bonds after prosecutors asked for high bonds for both of them.
One, 63-year-old Paul Irvin, who has a long criminal record, allegedly threatened several people with a knife on June 2.
The other was 22-year-old Anfernee Smith-Hale, who was arrested for discharging a firearm while awaiting trial for aggravated robbery. Higher bonds were subsequently set by trial judges for both men.
"The people of Harris County deserve better. We elect judges to weigh in on these decisions. We don’t elect PC magistrates. They have no accountability and we need someone who’s actually going to make a judgment call on these things," Gamaldi said.
Gamaldi contends the county needs to go to a system of using elected judges instead of appointed hearing officers to initially hear evidence and set bond.
KPRC contacted Castro for a response to the union’s criticism, but he did not return the call.