Waller DA assigns outside prosecutor, releases Sandra Bland toxicology report
Waller County District Attorney Elton Mathis said Monday he was bringing in defense attorneys Lewis M. White and Darrell W. Jordan to lead an independent oversight committee as his office reviews possible criminal conduct in the arrest and death of Sandra Bland.
"There are many lingering questions regarding the death of Sandra Bland," Mathis said, explaining why he has asked for help from a review committee.
International scrutiny has fallen on Waller County, about 30 miles northwest of Houston, after state Trooper Brian Encinia, 30, pulled over Bland on July 10 for failing to signal a lane change. A dash cam video of the arrest shows the routine stop spiral out of control when Bland refuses the trooper's order to put out her cigarette, causing Encinia to pull out his taser and threaten to "light (her) up." Bland was arrested for assaulting an officer and found dead in her jail cell three days later. While a Harris County medical examiner ruled her death a suicide by hanging, family and activists have questioned the finding, saying Bland's life was looking up. The 28-year-old Illinois native was moving back to her alma mater, Prairie View A&M University, to start a new job after a series of struggles since her graduation, including a miscarriage.
Both White and Jordan have prosecution experience. White worked for Mathis one year as a prosecutor in Waller County. Jordan has served as a prosecutor in the Army National Guard, where he still serves as a defense attorney. White passed the state bar in 2002 and Jordan in 2006, according to the Texas State Bar's website. Both are graduates of Texas Southern University's law school and work in small firms with five or fewer attorneys. Jordan also has worked as a talk radio host for KCOH.
Vivian King, a prominent Houston defense attorney and former prosecutor, said she did not know White, but taught Jordan as a student at TSU.
"I have confidence in Darrell (Jordan)," she said. "I think he's confident and smart and will ask for guidance where he needs it. He does care about getting it right."
Former Waller County Justice of the Peace Dewayne Charleston said he didn't know White or Jordan, so he couldn't speak to their abilities or loyalties, but questioned any review committee whose leaders are "appointed by the same person they are providing oversight for."
"He's not bound to take their advice, suggestions or recommendations, so it's just window dressing," Charleston said. "They could give him the best, most accurate recommendation but if he's not obligated to to accept it or just takes parts of it, it doesn't really matter."
Despite Mathis' good-faith gesture, Charleston still insisted the district attorney should recuse himself from the case. He cited text messages Mathis sent last year to Rev. Walter Pendleton, including one that read, "My hounds ain't even started yet dumb ass."
Mathis has said he made the remarks in anger as a comment on Pendleton's character, not as a threat, saying the pastor holds a grudge against him for "financial reasons."
Neither White nor Jordan would comment on the details of Bland's case yet. "It's almost irresponsible for us to have questions," said Jordan, arguing they'd need to review all the evidence first.
"We want to talk to the community," said White. "We know the rumors right now, that's all we know."
With such unprecedented attention focused on the county, Jordan said the new committee spoke to the district attorney's intentions. "I think that says a lot about the county; the fact that they're opening up and letting us in," said Jordan. "Often times these are things people are begging for and they don't happen."
Sitting outside the jail Monday, Carie Cauley said she's all for a truthful and just investigation but she's doubtful that even an outside prosecutor brought in to review the district attorney will be enough.
"I think if the independent prosecutor is in any way connected to Waller County or these families that work here, it won't be," legitimate, she said.
Cauley, a divinity student from Dallas, has been sitting outside the jail for more than a week with a sign that reads, "What happened to Sandra Bland?"
"I just want for people to be just, especially in a place with a long history of being unjust," she said.She'd like to see a federal investigation by the Department of Justice, something many are calling for.
Mathis said Monday that "any federal agency is welcome to come to Waller County."
A copy of the toxicology report completed as a supplement to Bland's autopsy was released at the Monday news conference.
Mathis did not elaborate on the report, but one forensic topology expert described the amount present in her blood -- 18 micograms per liter -- as high.
Dwaine C. Fuller said most experts estimate that a person's driving begins to be impaired around two to five micrograms per liter. He estimated the marijuana entered her system somewhere around five hours prior to being found dead in her cell.
"I would have a very difficult time believing that the last time she used marijuana would be prior to arrest," he said.
Activists following the case had criticized the county for talking about aspects of the toxicology report last week before they released it, saying that mentioning the presence of marijuana in Bland's blood was an attempt to discredit it and shift blame from those responsible for her death.
Assistant District Attorney Warren Diepraam and Mathis clarified that information shared Thursday by County Judge Trey Duhon about marijuana being found in Bland's system was from a preliminary toxicology screen, but the quantity of the drug would not be known until the additional comprehensive screen it triggered was completed.
Diepraam said, however, that the initial findings indicate the amount found in Bland's system was substantial.
"Because marijuana is a psychoactive drug, it affects the person's central nervous system and brain core, it's a mood amplifier, so it is relevant in our opinion to determine whether or not marijuana may have played a role in her death as well by exacerbating existing conditions," he said.How and when Bland took the drug was another question.
"We have no idea where she may have ingested the marijuana." he said. "It's hypothetically possible it could have been smoked in the jail. The sheriff has searched the jail cell for any indication of smoking inside the jail cell and found no evidence whatsoever. He's also interviewed the inmates in the jail and who were next to Ms. Bland, they indicated they didn't smell anything unusual coming from the cell.
"It's possible that she could have ingested the marijuana during the traffic stop to avoid detection and avoid being arrested," the Diepraam continued. "It's possible that she could have smoked a large amount of marijuana immediately prior to being arrested and it could have still been in her system at the time of her death."
