January ruling likely on venue of game warden slaying trial
By BARRY HALVORSON news@leader-news.com

The local outpouring of respect for Texas Parks and Wildlife Game Warden Justin Hurst and the support given his family following his death in a March 17 shoot-out is at the center of a change of venue motion submitted the attorneys defending the man who reportedly fired the fatal shots.

How successful that motion will turn out will be decided sometime next month by 329th District Court Judge Randy Clapp. At the conclusion of Wednesday's hearing, Clapp said he would issue a written ruling sometime in Mid-January.

In chambers following the meeting, Clapp said a trial date of Aug. 18 was agreed on by both sides.

"I'll have a written ruling in mid-January," the judge said. "The defense has more evidence they want to gather and present, and I'd like to have all the evidence available before making a ruling."

The defendant in the case is James Freeman, 27, of Lissie. Originally indicted in May, a superseding grand jury indictment on June 5 charges the defendant with one count of capital murder, three counts of attempted capital murder and three counts of aggravated assault with a deadly weapon.

In explaining his motion, Defense Attorney Stanley Schneider of Houston argued the sheer number of people touched in some way by the death would potentially prejudice a jury.

He said the local impact was evident in the number of different memorial funds and fundraising events held on behalf of the family and the attendance at Hurst's funeral.

"It is going to be difficult to find someone not touched by the case," Schneider said. "And for some of them, the death of a law enforcement officer automatically justifies the death penalty."

In response, Clapp said he thought it was already a statewide case based on the number of contributions coming in from such organizations as the Texas Parks and Wildlife Fund as well as individual contributions. He added the opinion regarding the death of a law enforcement officer such as Hurst was shared state-wide and pointed out that Hurst belonged to a state department and not a local law enforcement agency.

Schneider said he thought local law enforcement officials were trying to exercise undue influence to keep the trial local. He said that in response to affidavits collected by his firm from area residents who felt Freeman could not receive ceive a fair trial, District Attorney Josh McCown's office collected 327 contraverting affidavits stating a fair trial was possible.

The one witness questioned was an employee of Schneider's firm, Rony Kaplan. Kaplan said that while serving subpoenas in the county, he was followed by a law enforcement vehicle for "about five minutes" between Lissie and El Campo. He said the same day he was leaving El Campo for Houston and was again followed without being pulled over in either instance.

"One time might have just been a coincidence," Kaplan said. "But a second time makes a person wonder."

Schneider said the incident is proof of the intimidation factor of having law enforcement officials collecting affidavits. Clapp offered the opinion using the DA investigator and local law enforcement to collect affidavits was no different from the defense attorneys using their own investigators to collect their affidavits.

Schneider also pointed out the intimidation factor of having uniformed game wardens attending the hearing, saying it would be even if they attended the trial in uniform. He requested that other than those law enforcement officers attending the trial for security purposes that uniforms be banned from the trial. Clapp did not issue an immediate ruling on the request.

In one admission made by the defense attorney, he said he wasn't aware of any disinformation in the media concerning his client, but added the media wasn't the only way information was passed around.

"There is talk in the coffee shops and barber shops," he said. "You can't gauge that."

Clapp said he wasn't aware of any negative talk concerning the case.

In making his own arguments, McCown said he was confident that 12 jurors and two alternates could be found for a fair trial.

Hurst was shot and killed just after midnight on March 7 following a pursuit that involved a number of law enforcement units. He was reportedly shot four times during an exchange of gunfire.