Two related civil suits filed against District Attorney McAfee

Two civil lawsuits have been filed against 33rd and 424th Judicial District Attorney Sonny McAfee, DA Investigator Jack Schumacher, Blanco County Sheriff’s Office Sgt. Adam Acosta, and Blanco County by former murder defendant Jarret Jay Bous and his attorney, Zachery P. Hudler. Both cases are being heard by U.S. District Judge Lee Yeakel in the U.S. District Court for the Western District of Texas, Austin Division, and are currently in the discovery and deposition phase.

A potential jury trial has been set for April 4, 2024, in the Bous case, if the case is not first settled or dismissed. A scheduling order for Hudler had not been set as of April 3.

The cases stem from the killing of James Robert Poole in July 2020 in Blanco. Bous was arrested and charged with first-degree murder and subsequently held for eight months on a $3 million bond in the Blanco County Jail.

Poole’s decomposing body was found on a Blanco property owned by Bous, who was out of state on the day of the discovery. According to witnesses, Bous left the state the day Poole was believed to have been shot, raising law enforcement’s suspicions. Bous’ attorney subsequently claimed that a license plate reader proved Poole was still alive when Bous left the area. Charges against Bous were eventually dismissed.

BOUS VS. MCAFEE

Bous filed his suit in July 2022 claiming that he was arrested despite exonerating evidence and that his bond was set intentionally high to prevent him from making bail.

In Jarret Jay Bous v. Wiley McAfee, Jack Schumacher, Adam Acosta, Blanco County, Bous charges the defendants with “material omissions, bad faith failure to investigate, and presentation of false testimony/evidence leading to his false arrest and imprisonment in violation of his rights under the Fourth and Fourteenth Amendments.”

He also charges he was denied due process and equal protection under the law and that the individual defendants all knew that the others were violating his rights and chose not to act.

HUDLER VS. MCAFEE

Bous’ attorney, Zach Hudler, filed his own lawsuit against the same defendants in August 2022 in Hudler v. McAfee et. al. He claims false arrest after he was charged with evading a search warrant. According to Hudler, he was forced to the ground and arrested in front of a Blanco eatery while his wife recorded the incident on her mobile phone. He said he was not told of nor shown a search warrant for his phone until he was taken to the Blanco County Jail, already in handcuffs.

Hudler, who is representing Bous in the civil case, is being represented by Tanner Franklin of the Franklin Law Firm in Etoile.

“We look forward to litigating these cases in federal court,” Hudler told DailyTrib.com.

MOTION TO DISMISS

Judge Yeakel issued orders in both cases based on the recommendations of magistrate judges. The Bous order was signed on Feb. 15; the Hudler order on March 1.

In both cases, the orders dismissed the plaintiffs’ claims against Blanco County without prejudice. In both cases, the judge also granted in part and denied in part the motion to dismiss. Hudler said the judge not granting a full dismissal in either case was a significant plus for the plaintiffs.

The defendants are claiming prosecutorial immunity, Hudler said, adding that the judge’s denial of the motion showed he thought otherwise.

“Our client is innocent and he sat in jail for eight months and these defendants still won’t admit they did anything wrong,” Hudler said.

According to the defense, the judge’s ruling was expected and has no bearing on the merits of the case.

“We deny the claims that are made,” said the defendants’ attorney, Joanna L. Salinas of Fletcher, Farley, Shipman & Salinas LLP in Austin. “We expect to prevail before the court.”

Predicted spring trials in 2024 might end up being delayed due to Judge Yeakel’s upcoming retirement in May. A new judge will be appointed to the cases and brought up to speed when Yeakel steps down.

suzanne@thepicayune.com