Feb

19

Indictment looms for Malakoff officer

Posted by : Erik Walsh | On : February 19, 2014

By Russell Slaton
The News Correspondent

CORSICANA–A Navarro County grand jury considered indicting Malakoff police officer Ernest Fierro Feb. 19, but no official results of the grand jury’s actions were available at press time Wednesday.

Before the courthouse closed at 5 p.m., and after the grand jury was released for the day at about 4:30 p.m., Navarro County District Attorney Lowell Thompson told The News that in general, if an indictment is handed down, a warrant is issued, and that the person for whom the warrant is issued will either turn themselves in, or be arrested.

Once either of those happens, Thompson said, a court docket date will be set, and either a plea agreement will be reached, or the matter will go to trial.

The district clerk’s office in the Navarro County Courthouse said they were unable to release a copy of any indictments handed down that day before close of business Wednesday, which coincides with The News’ weekly deadline. A phone call to Vincent Wisely, a Dallas/Fort Worth police labor attorney who is representing Fierro, was unanswered.

At issue was a roadside incident that took place Dec. 11 in which William Livezey of Iowa later died. Callers to Navarro County’s 911 system reported reckless driving on Highway 31 near Chambers Creek, east of Corsicana, which later was confirmed to be between Livezey and a Malakoff off-duty police officer, who was later identified as Fierro. Navarro County deputies arrived on the scene to find Livezey in handcuffs. Once Livezey fell ill, deputies removed the handcuffs and took Livezey to Navarro Regional Hospital, where he later died. An autopsy report later attributed the cause of death as heart disease, and its manner as “natural.” More details of the incident have been kept under wraps officially while the investigation proceeded.

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