Judge who approved warrant for controversial Trinidad arrest says police department misled him

TRINIDAD, Texas - The judge who initially approved a search warrant for a controversial arrest involving the Trinidad Police Department now says he was misled by officers.

Judge questions search warrant

What's New:

Henderson County District Court Judge R. Scott McKee sent a letter to outgoing Trinidad Police Chief Charles Gregory that casts doubt on the reliability of several Trinidad police officers.

The June 8th letter addresses a search warrant McKee approved in May that led to the arrest of Henderson County resident Jennifer Combs, who was charged with felony false alarm by the Trinidad Police Department after making an April Facebook post concerning the city's water issues.

McKee's letter questions "the accuracy, completeness, and reliability of information presented" to him by two Trinidad police officers, Sgt. Robert McCumsey and investigator Cameron Beckham, in relation to the warrant.

Combs' post stated that people had been hospitalized after drinking the city's water. FOX 4 has not verified that anyone in Trinidad was hospitalized from drinking the city's water.

Gregory responded by saying Combs’ post "creates fear, panic, or unnecessary emergency response within a community."

The letter continues by stating the officers did not disclose "citizen complaints, water-quality concerns and information tending to explain the basis upon which (Combs') statements were made."

McKee states that any future warrant from Sgt. McCumsey and Inv. Beckham must be presented in person, instead of electronically, which has become standard practice.

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."

Earlier this week, FOX 4 learned that Gregory had resigned from his position as Trinidad Police Chief. His final day with the department will be June 19.

Gregory has declined interview requests from FOX 4, citing pending lawsuits.

What they're saying:

It goes to show you that the judge has lost faith, in all likelihood, in these officers."

Alex del Carmen, a criminologist, tells FOX 4's David Sentendrey the letter is stern, factual, and it puts Gregory on notice.

"He can only go by the information that is given to him, and he’s relying on these folks to give him the accurate information," del Carmen continued. 

"The omission of information which he highlights in the letter is equally as important as the presence of information for that judge to determine that probable cause is in fact in place, right?"

Sentendrey spoke with an attorney representing Combs after learning of Gregory's resignation who also expressed a lack of faith in the Trinidad Police Department.

"My biggest concern now is are they going to promote one of these bad officers to take the chief’s place, and that’s not going to fix the problem," attorney C.J. Grisham said.

Trinidad Water Saga

Timeline:

The saga in Trinidad, which claims less than 800 residents, began in May following Combs' arrest over the city's water issues.

Since our initial report, FOX 4 has continued to receive images of dirty and discolored water from the residents of Trinidad.

Trinidad officials have admitted the city has struggled to keep its water clean. Combs said the water "looks like the Trinity River."

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 on Combs, citizen journalist Winston 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. The Trinidad Municipal Judge, Shellena 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 a May 28 Trinidad City Council meeting, Judge Bivens was fired as the city's municipal judge. The issue of water quality in Trinidad was never addressed.

Grisham 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.

Bivens is considering legal action against Trinidad, with her attorney saying her firing was unjust. "I’m a good judge. I’m a damn good judge," Bivens told Sentendrey.

Just last Wednesday, a family in Trinidad alleged that after showering with the city's water, their teenage daughter suffered a chemical burn.

"The doctors had come to the conclusion that what she had been exposed to was something from our water," Misty Logan, the teen's parent, told Sentendrey.

An attorney for the family provided a preliminary water test strip result that showed "dangerous" free chlorine levels in the Logan family's water.

It remains unclear if Trinidad's recent water treatment led to the Logans' daughter's rash.

A planned meeting for Thursday, June 4 to give an update on the city's attempts to fix their water quality issues was canceled. Mayor Haws said he did not receive a reason for the cancellation.

A small protest took place outside the planned meeting last Thursday.