By Russell Slaton
The News Correspondent
MALAKOFF–At a special called Malakoff City Council meeting held Monday, March 24, members voted to table any action on its deliberation of police officer Ernest Fierro’s appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, as noted on the agenda.
Mayor DeLois Pagitt said following a one-hour executive session that under advisement of city attorney Hank Skelton, who was present, that the council was inclined to table any action, then called for a vote which backed that decision unanimously.
Fierro is under indictment in Navarro County for aggravated assault with a deadly weapon, official oppression and reckless driving in relation to a December 2013 road-rage incident near Corsicana during which Iowa man William Livezey became ill and was pronounced dead at Navarro Regional Hospital.
Fierro was arraigned March 21 in Corsicana. The indictment states Fierro used his motercycle to run Livezey off the road. The aggravated assault with a deadly weapon and oppression counts are before 13th District Court Judge James Lagomarsino, while the misdemeanor charge will be heard before a misdemeanor jurist. A trial announcement is set for June 19 at 9 a.m., with a trial set for July 21 at 9 a.m., Butler added. That July 21 date also includes jury selection, she said.
District clerk files list three attorneys representing Fierro: Vincent Wisely, a police union attorney, and Tim Choy and Jim Lane, both Fort Worth criminal defense lawyers. A phone call to Wisely’s office Tuesday was not returned by press time Wednesday, nor was one placed to Choy and Lane, who share the same office number.
Council members also approved an agreement for the second phase of Jake’s Skate Park, near the Malakoff Community Center. The addition is named Sully’s Loop in memory of Garrett Sullivan, a Malakoff High School freshman who died two years ago from complications after breaking his ankle while skateboarding, his father, Greg, told the council at its regular meeting March 10. The council voted to begin the project at that earlier meeting, then worked out the agreement between American Ramp Co. of Joplin, Mo., Estella Lyon, and the city. The city is not bearing any costs for the $70,000 enlargement, said Clyde Tinsley on behalf of Lyon during the earlier meeting.