State files surprise motion to remove Twin Peaks judge

A hearing Monday to deal with pre-trial issues in 19th District Court on two pending Twin Peaks cases was cut short Monday when the state asked the judge to step aside.

Judge Ralph Strother said he was caught by surprise when First Assistant District Attorney Michael Jarrett handed him the motion seeking Strother’s recusal from cases involving defendants Billy McRee and Jorge Danie Salinas, both indicted for engaging in organized criminal activity related to the May 17, 2015 gunfight outside the Twin Peaks restaurant that left nine bikers dead and more than 20 others injured.

David Conrad Beyer and Brian Bouffard, both Fort Worth attorneys who represent McRee and Salinas respectively, were disallowed from [presenting their motions because the motion to recuse had to be dealt with before any other action could take place.

Strother took a short recess to decide his position on the state’s request, after which he returned to the bench and announced he would not voluntarily step aside.

Strother said he would contact 3rd Judicial Region Administrative Judge Billy Ray Stubblefield, in Georgetown, to ask him to assign a visiting judge to hear the state’s motion for recusal.

Stubblefield had not yet assigned a replacement and the hearing had not been set Monday at mid-day.

Beyer, after Strother recessed the Monday hearing, said the move by the state was an effort to sidetrack the real issue.

“The state was just playing with the docket,” Beyer said.

“They (the state) should have filed that motion much earlier if they thought that really should happen,” Beyer said.

Jarrett made no comment.

The original motions filed by Beyer and Bouffard dealt with subpoenas filed by defense lawyers seeking testimony and evidence from D.A. Abel Reyna relating to an alleged investigation into Reyna by federal agents.

Reyna had filed a motion to quash those documents and the defense lawyers were fighting for their release.

But those issues never were heard as Strother allowed deference to the recusal motion.