GALVESTON, Texas — It will be two months before jury trials stemming from an October 2008 incident at H2O, an upscale bar at a resort hotel, will begin, city officials said.
The number of people seeking jury trials in Galveston’s Municipal Court created a backlog of cases dating to 2008, leading to delays, city spokeswoman Alicia Cahill said.
Jury trials are scheduled for Feb. 8.
If the trials happen then, former Houston Astros pitcher Brandon Backe and three others who were accused of wrongdoing at a wedding reception that police claim exploded into a riot will have waited 16 months to face the charges.
Backe, Christopher Cornwell and Calvin Silva await adjudication on misdemeanor charges of interfering with a police officer and failure to appear, Cahill said.
"We’re handling these cases like any other jury trial," Cahill said. "By no means was there special attention or delay."
Despite the failure-to-appear charges, there are no open warrants for their arrests, Cahill said.
"When the cases were first set for pretrail earlier this year, the judge recalled the warrants," Cahill said.
Cahill didn’t immediately know when or why the judge recalled the warrants, and the judge and city prosecutor declined to comment on the matter, Cahill said.
Aaron Trevino also awaits a misdemeanor public intoxication charge, stemming from the incident in which 30 Galveston police officers stormed the upscale bar at the San Luis Resort and arrested 13 people on Oct. 5, 2008.
A grand jury no billed all of the misdemeanor charges brought before the District Attorney’s Office and also refused to indict Cole O’Balle, the brother of the bride, on five felony charges of assault on a peace officer and retaliation. O’Balle was indicted on one count of resisting arrest and is scheduled to appear in county court this month.
Charges against Backe, Cornwell, Silva and Trevino were brought under Galveston’s Municipal Court.
Many of the wedding guests told The Daily News police acted inappropriately and used excessive force during the incident, which one Galveston officer called a "riot."
Galveston Police Chief Charles Wiley disciplined 13 officers for paperwork issues, but none were disciplined for violating the department’s use-of-force policies.
The FBI and U.S. Department of Justice are investigating whether there were civil rights violations, which some guests have alleged.
Once the investigation is complete, the results will be forwarded to the Department of Justice, where a review would determine whether federal charges are warranted, Shauna Dunlap, an FBI spokeswoman, said. The procedure is standard, she said. There is no timetable for the probe, Dunlap said.
"It’s important the public have confidence that matters are worked up thoroughly," Dunlap said.
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