"I’m a damn good judge": Former Trinidad judge considers legal action after "retaliation" firing

TRINIDAD, Texas - The former municipal judge of the City of Trinidad is considering legal action against the city after the city council fired her last Thursday.

It's the latest potential twist in a small town saga that began over water quality concerns and has now involved two arrests prompting free speech concerns, multiple firings of city employees and several lawsuits against Trinidad and its police department.

"I’m a damn good judge"

What they're saying:

"I didn’t want to be on the news. I didn’t want to be the center of this Constitutional crisis over the 1st Amendment."

Shellena Bivens was fired by the Trinidad City Council last Thursday. She's now considering legal action, saying her firing was "retaliation" for her dropping a charge against a protestor.

"I’m a good judge. I’m a damn good judge," Bivens told FOX 4's David Sentendrey.

The protestor, Winston Noles, was arrested and charged with misdemeanor disorderly conduct for displaying a sign with expletives directed at "bad cops." 

Bivens says she dropped the charge because there was no basis for it, saying she saw no evidence the city's Water Clerk was offended by Noles as the Trinidad Police Department said she was.

"You know he was peacefully protesting," Bivens said. "He didn’t break the law."

Bivens was fired a week after dismissing the charge.

Noles was protesting the arrest of Jennifer Combs, who had previously been arrested and charged by the Trinidad Police Department after posting on Facebook that the water quality in Trinidad had caused hospitalizations.

"There’s been a lot of concern with the water," Bivens said.

No confirmed hospitalizations due to drinking the Trinidad water have been reported, but the two arrests have caused free speech concerns. Now, Bivens and her attorneys are considering legal action against Trinidad, saying her firing was unconstitutional.

"The issue we have here is that she was let go, without cause, without even a reason given — without due process," Ryan Franceschina, an attorney with GFA Law, said.

Bivens was appointed as the municipal judge of Trinidad in 2021, and her term was due to end in Dec. 2027. "We’re absolutely exploring all legal options to protect Judge Bivens’ job as well as the judiciary in Trinidad."

Trindad water saga

Timeline:

Bivens' firing came after several weeks of arrests and lawsuits stemming from water quality concerns in Trinidad.

On May 20, FOX 4 reported that Combs was charged with felony false alarm by the Trinidad Police Department after making an April Facebook post concerning the city's water issues.

Her post stated that people had been hospitalized after drinking the city's water. Trinidad Police Chief Charles Gregory responded by saying Combs’ post "creates fear, panic, or unnecessary emergency response within a community."

A Henderson County grand jury declined to indict Combs, who has since filed a federal lawsuit against the City of Trinidad and Gregory which alleges she was arrested in "an act of deliberate political retaliation."

The Texas Commission on Environmental Quality (TCEQ) confirmed to FOX 4 it received a complaint regarding the water quality in Trinidad, and that an investigation is ongoing.

One day after FOX 4's initial report, Noles protested outside Trinidad City Hall with a sign with expletives targeting "bad cops." Noles was arrested and charged with misdemeanor disorderly conduct for the sign. Bivens later dismissed the charge.

On Wednesday, May 27, Alex Estrada and Colby Reyes, two former Trinidad employees, filed a lawsuit against the city claiming the city administrator fired them without cause.

Reyes, the former Trinidad Water Clerk, says in the lawsuit that she was fired because she "refused to lie" on behalf of Gregory and City Administrator Cynthia Dosier.

Reyes' lawsuit claims Gregory publicly fabricated a story that Reyes was frightened by Noles in order to arrest him, in which Reyes says she put in writing she was "never offended" by Noles.

A law firm representing Estrada and Reyes and Consumer Wellness Center Labs are organizing free independent water testing for people on Trinidad's water supply as the TCEQ investigation continues.

At the May 28 Trinidad City Council meeting where Bivens was fired, the issue of water quality in Trinidad was never addressed.

C.J. Grisham, an attorney representing Combs, spoke directly to Chief Gregory, telling him: "You have dishonored your badge, this department, and every good officer who wears one."

Gregory, who made his first public comments since FOX 4 initially reported on the story, said he had "nothing to hide" in relation to Combs and Noles' arrests.

Trinidad Mayor Dennis Haws suggested to Sentendrey that the Texas Rangers should investigate the city and its police department after the recent arrests and water issues have come to light.

What you can do:

Any residents using Trinidad's water who want to take part in free testing can email TrinidadWater@gfalaw.us for more information.

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