On July 10, 2015 Brian Encinia pulled over Sandra Bland for failing to use her turn signal. Encinia escalated the stop, according to the Department of Public Safety, and after attempting to pull her from her car, threatened her with his taser before taking her out of sight of the dash cam throwing her to the ground. On July 13, Sandra Bland was found dead in her cell. On January 6, 2016, Brian Encinia was indicted with a misdemeanor charge of perjury for lying about why he took her from her car. On March 22, 2016 he will be arraigned before Judge Albert M. McCaig.
1. Judge Albert M. “Buddy” McCaig was elected on a Tea Party Platform: Judge McCaig built his campaign upon anti-Islamic and anti-immigrant rhetoric heavily tinged with xenophobia.
From his 2010 campaign speech: “We were not attacked by a bunch of blonde haired Scandinavians, but by radical Islam. Say it and do something about it. In addition to that, a strong defense means protecting our borders from the 24-7-365 invasion going on from the south… Education is essential to liberty. I have great respect for teachers and educators. But, they have been inundated with rules and regulations that interfere with their ability to teach. They have been swamped with students who do not speak our native language… We know what the problems are, but what can we do to make it right? Short of armed rebellion, is there hope for America? I say that there is. We are not yet at a point of armed rebellion – and I pray to God we never get there – but it is time to act. Call up your neighbors, your sisters, your brothers, your sons and daughters, and tell them plainly that we must take back America now, before it is too late… Illegal immigration is the enemy, but it is not the primary enemy. The primary enemy is the progressive liberal ideas that promote illegal immigration; that sues our citizens; takes down our flag in favor of the Mexican flag; and that forces us to “dial one” for English. That is the enemy. “
2. Experience in presiding over high profile corruption cases: In 2014, in a case upon which Flint has cast new light, Judge McCaig chose to recuse himself from a case involving environmental justice when local authorities were accused of making back room deals that ran the risk of polluting local drinking water.
From the Houston Chronicle‘s coverage of the case: “At stake in the trial, is whether the 15-story dump can be built at the proposed site near Highway 6 and above an aquifer that provides drinking water for many in the Houston region. Opponents argue the project was discussed and moved forward illegally in back-room talks between Green Group Holdings and Waller County officials.”
After a civil trial ruled that the County Judge had acted inappropriately in making the deal to host the dump in back room meetings, District Judge McCaig blocked a criminal trial from proceeding.
From the Houston Chronicle‘s coverage of the case: “A civil jury in December ruled that Waller County – primarily County Judge Glenn Beckendorff and Commissioners Stan Kitzman and Frank Pokluda – repeatedly violated open meetings and public records laws by holding closed sessions with developers more than two years before agreeing to host the project… “My hands are kind of tied on issues of possible criminal prosecution because I was not vested jurisdiction over that,” Mathis said. “Until the district judge says otherwise or until the prosecutors send the case file back to me and ask me to take over, I can’t do anything.”
3. Oversaw 2015 mistrial of ex-Deputy Daniel Willis murder trial for killing Yvette Smith: On February 16, 2014, Daniel Willis shot local African American woman Yvette Smith as she opened the front door of her house. Willis had been responding to a call about two men fighting and was interacting with the men in the front yard when Smith opened her front door to check on the situation and Willis shot her twice as she stood on her front porch. Judge McCaig was brought in from Waller County to Bastrop County to preside over the case, reportedly because of his experience with handling the press. In a shocking turn of events, in September of 2015, the jury delivered a mistrial and Daniel Willis was released back into the community.
From the Austin Statesman coverage of the case: “The ruling allows Willis, 30, to walk free for now in the shooting death of 47-year-old Yvette Smith, sparking accusations of racial discrimination in Bastrop County and anger among Smith’s friends and family. Willis, who is white, shot and killed Smith, who is black, while responding to a domestic disturbance in Camp Swift in February 2014. Smith was unarmed when Willis opened fire on her.”
The evidence that The Bastrop County Sheriff’s Office had lied repeatedly in a blatant attempt to cover up the murder had not been sufficient to ensure a conviction.
From the Daily Kos coverage of the case: “Police not only claimed that Smith emerged from the home with a firearm, they stated that she ignored police commands. In essence, Smith came out of that house, according to police, ready to bring hellfire and damnation on police and they acted out in self-defense from an incredibly dangerous woman. This is a lie. A complete fabrication. When Sheriff Terry Pickering issued the statement, he was fully and completely aware that Yvette Smith wasn’t armed. No weapon was found on or near her. He knew this. The officers on the scene knew this, but Sheriff Pickering issued that statement anyway.”
4. Fought the end of the “pick-a-pal” Grand Jury selection in Texas: In a highly publicized series of letters. Judge McCaig, along with Waller County DA Elton Mathis, passionately disputed the end of the “pick-a-pal” system that was replaced by a more random process of selection for those to serve on Grand Juries. Concerned about how the new system would impact proceedings, on July 27th, two weeks after the death of Sandra Bland, Judge McCaig wrote a letter to Sen. John Whitmire, who had sponsored the bill to reform the Grand Jury System, complaining about the new process that he and DA Elton Mathis would have to use.
From the Texas Tribune coverage: “I remain convinced that the Texas Legislature has given us a law that is not only unworkable but is fraught with avenues of abuse,” state District Judge Albert McCaig Jr. wrote in an Aug. 21 letter to state Sen. John Whitmire about the new law, which ends the controversial “pick-a-pal,” or “key man,” grand jury system.
Throughout the month of August, as the time for Grand Jury selection in the death of Sandra Bland approached, Judge McCaig continued to correspond, exhibiting a particular focus on concerns about the Bill’s language around race.
From the Houston Press coverage: “McCaig claimed in the letter that the new bill required him to select a grand jury based on “seemingly subjective standards of race, ethnicity, sex and age.” In his letter, McCaig had a number of questions about the specifics of the bill, including “What is the difference between race and ethnicity?” and “Does the word ‘consider’ mean ‘must consider’ or ‘may consider’ or some other subjective standard?”
5. His Office hosted Sheriff R. Glenn Smith throughout the Grand Jury proceedings: Members of the press and supporters of Sandra Bland observed Sheriff R. Glenn Smith, Captain Brian Cantrell and other senior members of the Waller County Sheriff’s Office keeping a watchful eye over the Grand Jury proceedings from Judge Mccain’s office adjacent to the courtroom. This took place both during deliberations concerning Waller County Jail employees on December 21st which ended in no indictments, and deliberations concerning Brian Encinia on January 6th which ended in a minor indictment for perjury.
From my own report of the scene: “Emerging from Judge Albert M. McCaig, Jr.’s office, the room next to the courtroom, Sheriff Smith sauntered slowly past the Sandra Bland supporters to the door of the courtroom and took a seat on the bench. After a few minutes a man poked his head out and said to the Sheriff, “You’re good to go!” At which point, overcome with good humor, Sheriff Smith turned to Officer L. Watts and Officer J. Henry and delivered his crowd-pleasing line, “It wasn’t me. It was her! It was her!” before chuckling and sauntering back past the Sandra Bland supporters and into Judge McCaig’s office once again to rejoin his Captain of Patrol, Officer Brian Cantrell, and the others gathered there.”