Feb

21

Malakoff officer bonds out of Weatherford jail after indictment

Posted by : Erik Walsh | On : February 21, 2014

Fierro WEB

Malakoff officer bonds out of Weatherford jail after indictment
By Russell Slaton
The News Correspondent

Malakoff Police officer Ernest Fierro bonded out of the Parker County jail in Weatherford Thursday evening, after turning himself in on capias warrants issued after indictments in Corsicana Wednesday alleging aggravated assault with a deadly weapon, official oppression and reckless driving.

For the alleged aggravated assault with a deadly weapon offense, the weapon is the vehicle Fierro was driving, which was a motorcycle, Navarro County District Attorney Lowell Thompson said Friday. Once paperwork is returned from Parker County, then the alleged offenses will be put on a district court docket, Thompson said. An arraignment, therefore, has not been set, he added.

The warrants were served Thursday, following a Navarro County grand jury’s findings the day before. Because Fierro was not already in custody or under bond for the charges, state law precluded the Malakoff police officer’s grand jury results from being released until the warrants were served, according to Section 20.22 of the Texas Code of Criminal Procedure.

Parker County online records show that Fierro was released at 5:45 p.m. Thursday after posting $78,000 in bonds through a Weatherford bondsman: $75,000 for the aggravated assault with a deadly weapon charge, $2,500 for official oppression, and $500 for reckless driving. The site showed Fierro was confined initially at 5:11 p.m. The website listed a Dallas address for Fierro.

According to the Texas penal code, aggravated assault with a deadly weapon is a first-degree felony when committed “by a public servant acting under color of the servant’s office or employment,” while official oppression and reckless driving are misdemeanors. First-degree felonies can include state imprisonment from 5 to 99 years, or a life term. Those felonies also can include a fine up to $10,000. First-degree felonies are the second-most serious charges under state law, behind capital felonies, which are eligible for the death penalty.

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.

Comment (1)

  1. Randy said on 21-02-2014

    Nice write up Russell.

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