“Texas Organizing Project (TOP) is profoundly saddened and deeply troubled by the recent tragic events involving Shane James. We condemn his most recent egregious acts, full stop. Our heartfelt condolences go out to the victims and their families during this incredibly difficult time. 

Through our justice program, we bailed out James in coordination with the Bexar County’s public defender’s office, nearly two years ago in February 2022 on misdemeanor charges where his bond fees totaled $300. The events that have unfolded are devastating, and we recognize the pain and suffering this incident has caused. We take our responsibilities seriously and acknowledge that we must address both the immediate impact of this tragedy and the broader implications for our bail program.

TOP was founded with a commitment to transforming Texas into a state that works for everyone. A piece of our work is reforming the criminal justice system, advocating for fairness, and providing support to those who have often been marginalized and underserved. We firmly believe in the presumption of innocence until proven guilty and our mission is to ensure that individuals have the opportunity to address their legal challenges while awaiting trial in a just and equitable manner.

We want to make clear that TOP has a thorough and rigorous screening process in place to assess individuals who are eligible for our bail program, with a focus on assisting with misdemeanor offenses. James was deemed eligible based on our criteria at the time. However, TOP has had no interaction with James since March 2022. We acknowledge that our assessments cannot anticipate the future actions of individuals. We are committed to conducting a comprehensive internal review of our program and processes.

We understand that some may try to use this tragedy to criticize bail programs, even for misdemeanors. We remain steadfast in our commitment to our mission, advocating for the rights and representation of all Texans. 

Additionally, we are acutely aware of the urgent need to address gun violence as an endemic issue in Texas and across the United States. We can’t ignore the larger context in which incidents like these occur. Our commitment to transforming our state and nation’s criminal justice system includes advocating for sensible gun control measures and community safety initiatives that can help prevent tragedies.”

###

About Texas Organizing Project:

TOP organizes Black and Latino communities in Dallas, Harris, Bexar, and Fort Bend counties with the goal of transforming Texas into a state where working people of color have the power and representation they deserve. For more information, visit organizetexas.org.

The following statement is from Laquita Garcia, Statewide Right2Justice Policy Coordinator of the Texas Organizing Project (TOP), in response to Gov. Greg Abbott signing into law House Bill 17 today, which strips away prosecutorial discretion from Texas district attorneys:

“HB 17 is a solution in search of a problem motivated by MAGA extremism. It’s vile legislation at its core, threatening the removal of democratically-elected officials who dare to reform our justice system or stand up for voting rights and reproductive freedom in our state. 

“Duly elected prosecuting attorneys should not have to fear being targeted for choosing which cases they will prioritize, simply because it does not align with our state elected officials’ political agendas. Voters elect district and county attorneys to use their discretion under state law. This law fits right in with Texas Republicans’ latest fixation on attacking local control, which in turn is our state government intruding on our fundamental rights. 

“We as Texans know our worth, and no matter who we are or where we live, we deserve elected leaders who look out for our personal freedoms and don’t try to dictate how communities should govern themselves.” 

Fort Bend County District Attorney Brian Middleton added:

“HB 17 will likely be challenged in court as a violation of free speech, separation of powers, and long-standing legal precedent that established the foundation for prosecutorial discretion. 

“Prosecutorial discretion is necessary for the proper administration of justice. Texas law expressly provides, “It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done.” 

“Further, HB 17 may have an unintended consequence. Some prosecutors may charge defendants with trivial offenses, offenses that they would not otherwise feel justified in pursuing, simply to avoid being the subject of a removal petition. Restricting prosecutorial discretion could result in greater cost to taxpayers due to increased prosecution of petty offenses without any increase in public safety. The ultimate goal of all prosecutors is to increase public safety and reduce harm in our communities. This is achieved by enforcing the law while utilizing best practices and evidence-based prosecution.”

###

About Texas Organizing Project (TOP)

TOP organizes Black and Latino communities in Dallas, Harris, Bexar, and Fort Bend counties with the goal of transforming Texas into a state where working people of color have the power and representation they deserve. For more information, visit organizetexas.org.

This statement was sent out June 7, 2023.