MIDLOTHIAN, Texas - Midlothian police are trying to determine if the Ellis County Sheriff and his brother should be charged with assault.
They were in the middle of a fight at a Whataburger. But what is unclear is if they were trying to stop it or if they were the aggressors.
Detectives are still talking to witnesses that were at the Whataburger early Sunday morning. They are also looking at cell phone video of the fight that was shot by a witness.
Midlothian police say a fight happened at the Whataburger on Presidential Drive about two hours into the New Year.
Two 21-year-old men from Killeen tell police that Bobby Brown, the brother of Ellis County Sheriff Johnny Brown, started a fight with one of them after some words were exchanged just before they ordered their food.
According to an email written by one of the men listed in the police report, Sheriff Brown walked in the restaurant as the fight began. They say he rushed over and started throwing punches in defense of his brother and yelled, “Nobody punches my f****ng brother.”
The man also alleged to police that when witnesses threatened to call the cops, Sheriff Brown bragged, "we are the cops.”
But in a statement from Brown's attorney, a different picture is painted. The attorney says Brown instead tried to stop the fight.
The full statement read:
On January 1, 2017, Sheriff Brown walked into Whataburger in Midlothian where a fight was already in progress. His initial observation was a large white male assaulting Sheriff Brown's 59 year old brother and knocking him to the floor. As a sworn law enforcement officer he is obligated to preserve the peace. He used the force and language necessary to end the violence, prevent further assaults, and protect others from being harmed. Sheriff Brown instructed a Whataburger employee to call the Midlothian Police Department. Multiple people were involved in the altercation. Midlothian Police responded, assessed the situation, and no arrests were made.
Sheriff Brown is aware that an investigation is being conducted by the Midlothian Police Department. Sheriff Brown is cooperating with Midlothian detectives and welcomes their investigation into this matter.
At this time, Sheriff Brown and his legal counsel, Morgan Taylor, will not provide any further statements until the conclusion of the investigation.
A Whataburger employee who asked we not use their name said the sheriff didn't try to stop the fight but instead had a much more active role in it.
Midlothian police say friends of the Sheriff, and possibly co-workers, were also there. Police responded shortly after the fight ended, but no arrests were made.
Detectives are expected to get the surveillance video from inside the Whataburger Thursday morning, which they hope will give an even clearer picture of what happened.