Child sex assault charges dismissed against ex-Horseshoe Bay Resort CEO
A district judge dismissed two charges of child sexual assault against Morris Douglas Jaffe III, the former CEO of Horseshoe Bay Resort, after a grand jury chose not to indict him. The decision was made on Aug. 6 following a second presentation of the case to a grand jury due to changes in the original charges by the District Attorney’s Office.
A grand jury originally indicted Jaffe in June on two charges of sexual assault of a child under 17 years old. He turned himself in to the Lampasas County Sheriff’s Office following a warrant issued for his arrest. He posted a $100,000 bail soon after.
As the case proceeded, the 33rd/424th District Attorney’s Office changed the charges from sexual assault of a child under 17 years old to the more severe charge of aggravated sexual assault of a child under 14 years old.
The prior charge was a second-degree felony that came with two to 20 years in prison and up to $10,000 in fines. The newer charge was a first-degree felony with a punishment of up to 99 years in prison and up to $10,000 in fines.
The case had to be re-presented to a grand jury because of the changes in the charges. The second grand jury included a whole new set of jurors. After hearing the second presentation of charges, the new grand jury declined to indict. The District Attorney’s Office then moved to dismiss the case.
An indictment is a formal charge from a grand jury that is required to move forward in severe criminal cases. Without the indictment, the charges carry no legal weight.
According to an Aug. 5 motion to dismiss from the District Attorney’s Office, the charges were changed because of an error in the original indictment.
District Attorney Wiley “Sonny” McAfee told DailyTrib.com that his office would not pursue the case further unless new, game-changing evidence came forward.
“I don’t (refile charges) unless there are additional facts or evidence and there has been none,” he said.
McAfee also said it is not uncommon for grand juries to change their position as charges change, especially if they are more severe.
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How does the defendant get his reputation back now that the charges have been dropped. Seems like a case of character assassination.