IVANHOE, Texas — A charge against an Ivanhoe city official has been dismissed according to a statement from his attorney.
The Texas Attorney General's Office confirmed to 12News on Thursday the charge of 'official oppression' has been dismissed against Ivanhoe Marshal Terry Riley.
Riley's attorney, William S. (Bill) Marian, Jr., sent a statement saying in part, "On December 17th the State filed its Motion to Dismiss based on "insufficient evidence". The Judge assigned to hear the case, Honorable Lisa Burkhalter of Lufkin, Texas, signed the Order dismissing all charges against Terry Riley on December 19, 2019."
Riley was indicted on the charge in June by a Tyler County grand jury.
Official oppression is a class A misdemeanor according to the Texas Penal Code.
Marian continued with his statement, "as Terry Riley's defense was developed, we learned that there were witnesses that had not been interviewed, interviews of witnesses that were incomplete, and information given to Ranger Clendennen by witnesses that he did not include in his report. It became apparent that Ranger Clendennen's report and subsequent presentation of this case to the Tyler County Grand Jury was a classic example of confirmation bias."
Full statement from William S. (Bill) Marian, Jr., Attorney for Ivanhoe City Marshall Terry Riley:
On June 7, 2019, Ivanhoe City Marshall Terry Riley was indicted for the offense of Official Oppression. The State's investigation was initiated by Precinct 1 Constable Dale Freeman, was concluded by Texas Ranger Ryan Clendennen and was ultimately prosecuted by the Texas Attorney General's Office.
On December 17th the State filed its Motion to Dismiss based on "insufficient evidence". The Judge assigned to hear the case, Honorable Lisa Burkhalter of Lufkin, Texas, signed the Order dismissing all charges against Terry Riley on December 19, 2019.
The State's prosecutor, Lance Kutnick, was handed a case by Texas Ranger Ryan Clendennen that the prosecutor believed was thorough and complete. But, as Terry Riley's defense was developed, we learned that there were witnesses that had not been interviewed, interviews of witnesses that were incomplete, and information given to Ranger Clendennen by witnesses that he did not include in his report. It became apparent that Ranger Clendennen's report and subsequent presentation of this case to the Tyler County Grand Jury was a classic example of confirmation bias.
This was an attack on Terry Riley's reputation. It has been extremely hard on Terry Riley, his family and friends. Terry Riley and his family thank the Lord, their church family, the City of Ivanhoe, its residents and the citizens of Tyler County for their continued support and encouragement through this long and difficult process.
Terry Riley will continue to serve the residents of Tyler County as the Ivanhoe City Marshall with pride, professionalism and integrity.