Cause No. 52333
STATE OF TEXAS
VS.
Debra Hankins
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WISE COUNTY COURT
AT LAW
WISE COUNTY, TEXAS
12 day of February, 2016,
MOTION IN ABATEMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Debra Hankins , Movant here and Defendant,
hereinafter referred to in the first person singular, in the above styled and
numbered cause and makes this his Motion as follows:
STATEMENT OF FACTS
On December 11, 2001, Tammy W. Hunter filed criminal complaints against
me with Justice of Peace Precinct Number 2 of Wise County, Texas, and did
swear on her oath she had she had reason to believe I committed the crime of
littering as defined by Texas Health & Safety Code 365.012. On the face of
the complaint under “following information” is a notation referring to a
probable cause statement (see Attachment A).
In said statement she alleges:
“Ms. Hankins had leased or rented a building at Alvord Truck Stop.
According to the complaint, Ms Hanking left all the tire sthat are now
located behind the truck stop by a metal building.”
In order for Ms Hunter to charge me with the crime of littering, she must
have personal knowledge not that I at one time had legal possession of the
property, that I had actually used the property, or that I left litter on the
property. None of those acts constitute the crime alleged.
§ 365.012. Illegal Dumping; Criminal Penalties
(a) A person commits an offense if the person disposes or allows or permits
the disposal of litter or other solid waste at a place that is not an approved solid
waste site, including a place on or within 300 feet of a public highway, on a rightof-way, on other public or private property, or into inland or coastal water of the
state.
(b) A person commits an offense if the person receives litter or other solid
waste for disposal at a place that is not an approved solid waste site,
regardless of whether the litter or other solid waste or the land on which the litter
or other solid waste is disposed is owned or controlled by the person.
(c) A person commits an offense if the person transports litter or other solid
waste to a place that is not an approved solid waste site for disposal at the site.
The fact that litter exists at a location, or is not removed by someone from a
location does not constitute a crime. The person must be known to have put
the litter there in the first place. While it is undisputed that the litter was
left, Ms Hunter had information at her disposal indicating I was not the one
who put it there and therefore, innocent of any crime. With this knowledgte,
she knowingly and deliberately refused to seek out that information before
filing the allegations.
UNETHICAL CONDUCT
Ms Hunter, by her statement indicated she acted from a complaint and
therefore, had no personal knowledge as to who put the litter at the location.
Acting in her capacity as a public official pursuing criminal prosecution, Ms
Hunter has an ethical duty as prescribed by Section 3-3.11 of the Texas
Standards for the Prosecutorial Function which declare:
“It to be unethical conduct for a prosecutor to refrain from pursing evidence
sole because that evidence may show the innocence of the accused or mitigate
the guilt of the accused.”
Having information indicating numerous witnesses were prepared to testify
that I had not put the litter there, Ms Hunter had a duty to pursue that
evidence before swearing on her oath she had ‘reason to believe’ I had
committed a crime. Under law, as can not be lost on Ms Hunter, “reason to
believe” must be based on sworn affidavit or personal knowledge, neither of
which is evident.
MALICIOUS PROSECUTION
Further, Ms Hunter not only accused me of committing the crime of littering
with no direct knowledge I had put the litter there and with reason to believe
I had not, she accused me of specifically committing the crime 10 times.
CONCLUSION
I maintain all the criminal allegations are invalid on their face as the
statement of cause is not only insufficient, but acts to mitigate any guilt on
my part. And, by swearing on her oath she had knowledge I had committed
a crime she in fact had reason to believe I had not, she placed a statement on
a government document she knew was false intending the Court should take
it as true. See Section 37.10 Texas Penal Code. She also swore under oath
to a material fact she knew to be untrue, see Section 37.11 Texas Penal
Code.
PRAYER
By the above, I allege and maintain, Ms Hunter initiated a malicious
prosecution against me without sufficient cause and the complaints filed by
her are insufficient on their face, and therefore, move the court to grant this
motion in abatement, dismiss all allegations against me with prejudice, and
prefer criminal charges against Ms Hunter for ten counts of Tampering With
A Government Document , ten counts of Aggravated Perjury,
Respectfully submitted,
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Debra Hankins
CERTIFICATE OF SERVICE
On this 12 day of February, 2016, a true and correct copy of the
foregoing Motion was delivered to the County Attorney, Wise County
Courthouse, Decatur, Texas 76234.
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Debra Hankins
ORDER
This the 12 day of February, 2016, the foregoing motion having been
presented and heard by the Court, it is hereby ORDERED that:
All relief requested is hereby granted.
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Judge Presiding
The relief requested is granted in part as follows:
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Judge Presiding
All relief requested is DENIED, to which action Defendant excepts.
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Judge Presiding