Houston Chronicle

Waller sheriff rejects request to step down

County leaders issue plea after inmate reports sex assault at jail

- By Cindy George cindy.george@chron.com twitter.com/cindylgeor­ge

Waller County Sheriff Glenn Smith has been asked to resign after a jailhouse sex assault allegation that became the latest in a string of scandals under his leadership dating back to Sandra Bland’s 2015 death.

In an unusual move, County Judge Trey Duhon and District Attorney Elton Mathis asked the sheriff to step down during a lunch Tuesday. Smith refused.

“The sheriff indicated he had no intention of resigning,” Duhon said Wednesday. The county official declined to disclose why the commission­ers decided to request the resignatio­n, but said the decision resulted from an executive session of the March 22 commission meeting.

Duhon said he also could not comment further “because there is an active investigat­ion going on with the assault charge in the jail.”

This month, a female inmate at the Waller County jail filed a complaint alleging that she was sexually assaulted by a male in custody.

According to Chief Deputy Craig Davis, the inmate was not a designated trusty, but was operating in that role to perform various duties, including cleaning the jail. Staff changes

The sheriff confirmed Wednesday that he’s staying on the job. He said in the next month he intends to hire a “very well experience­d” jail administra­tor and that recent issues at the jail — including the latest allegation — have resulted in staff changes.

“I got elected to do a job and I don’t waver from that. I didn’t waver during the tragic event with Bland,” Smith said. “They have serious concerns. I don’t blame them for that. I’ll leave the down-and-dirty politics out. I appreciate their concern.”

In the last 10 days, three jail employees have been terminated, two resigned and one was demoted from a supervisor­y position, he added.

First elected in 2008, Smith began his tenure as sheriff on the first day of 2009. He was re-elected in November by two-thirds of the voters.

The recent sex case follows two incidents of missing sheriff’s office firearms.

In December 2015, six handguns and two rifles — including a machine gun — were stolen from Smith’s Ford pickup while he ate lunch at a Saltgrass Steak House in Katy. Then, last November, the sheriff ’s office authoritie­s informed county officials that two more firearms could not be accounted for in storage.

In Bland’s case, her death attracted national attention after she was arrested in Waller County following a July 2015 traffic stop by a Texas Department of Public Safety trooper.

The 28-year-old was found dead three days later in her Waller County jail cell in what was determined to be a suicide. After filing a wrongful death lawsuit, her mother reached a $1.8 million settlement with the county last year that included jail reforms for cell checks and medical personnel training. DPS was expected to pay $100,000 and implement de-escalation training. The incident became emblematic of the Black Lives Matter movement’s goal to address police brutality issues. Out of compliance

Following this month’s sex assault complaint, the Texas Commission on Jail Standards conducted a special inspection of the Waller County facility on March 21. The probe determined that the rural lockup was out of compliance, according to agency executive director Brandon Wood.

“Food passes” in the cell doors were open and unsecured “which allowed for the passing of contraband and the incident to occur,” Wood said. The male and female housing areas were not separated by sight and sound, which is required, and the male inmate was allowed to move around the facility without proper supervisio­n, the inspection found.

The jail has 30 days to submit a corrective plan, Wood said. The facility had been brought into compliance less than two months ago on Jan. 31 after a failed inspection on Dec. 12.

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