Pandemic Liability Bill Passes Senate
April 9, 2021
On Thursday, the Texas Senate passed a pandemic liability protection bill that would prevent certain businesses and organizations from COVID-related lawsuits.
Opponents say the bill goes too far and could give negligent caregivers and nursing homes a free pass.
Senate Bill 6, also known as the Pandemic Liability Protection Act, was introduced by state Senator Kelly Hancock, a Republican from North Richland Hills.
The bill, which was passed by the Senate on Tuesday, seeks to provide COVID liability protections for health care providers, businesses, religious institutions, schools and non-profit organizations that attempt to follow safety protocols with respect to COVID.
Simply put, the legislation would prevent certain organizations, including nursing homes, from being sued by individuals or their aggrieved families for contracting COVID at their facilities or under their care.
It also makes it harder for residents and their families to hold facilities accountable for injuries and death that occur due to substandard, negligent care provided during the pandemic due to staff shortages.
Some legal experts counter, however, that the legislation would not prevent lawsuits in cases where plaintiffs can prove reckless or willful misconduct or malice.
Governor Abbott named pandemic liability protection an emergency item, which means its journey through the legislature can be expedited. On Thursday, the Senate approved the legislation. It now moves to the House of Representatives for further consideration.
This one hits close to home.
My grandmother died of COVID, which she contracted inside a nursing home facility by a staff member who didn’t follow basic CDC guidelines approximately 10 months into the pandemic.
I’m opposed. At the very least, Senate Bill 6 must be revised to protect nursing home residents.
Ex-Cop Accused of Capital Murder is Released for Lack of Evidence
April 8, 2021
On Wednesday afternoon, former Dallas Police Officer Bryan Riser was released from jail after a judge ruled that there was insufficient evidence to prosecute him on two charges of capital murder.
Judge Audrey Moorehead ordered his release after listening to about three hours of testimony from a Dallas homicide detective. The hearing – called an examining trial – was to determine whether the case should move forward to the grand jury.
The hearings are not common, and yesterday there was a surprising twist.
Prosecutors took the unusual step of publicly disagreeing with the lead homicide, and told the judge in open court that they didn’t believe there was sufficient probable cause in the two capital murder cases against Riser.
The judge agreed and ordered his release from the county jail.
Riser was arrested on capital murder charges on March 4 in the separate slayings of Liza Saenz and Albert Douglas in 2017. Riser, who was fired from the force five days later, was alleged to have hired three men to kill the victims.
One of those men – who is already serving a life sentence for a different double murder – came forward and said Riser ordered the killings. However, prosecutors say they don’t have evidence to corroborate the inmate’s story that Riser was behind the murder-for-hire plots.
Texas law prohibits jurors from convicting someone solely on the testimony of an alleged accomplice.
During the hearing, Riser’s defense attorney, Toby Shook, also pointed out several errors in the first affidavit used to arrest Riser. Shook has maintained his client’s innocence.
So what happens next?
The Dallas County District Attorney said that, although there is not enough evidence to prosecute, the investigation will continue. The judge’s ruling, however, means the case will not go to the grand jury without additional evidence.
As for Riser? His attorney and his family are calling for an audit of the police department’s investigation  and the decision to arrest.
Two Children Killed in Bizarre Backhoe Accident
April 7, 2021
Two children were killed and others were injured over the weekend in a bizarre backhoe accident. A family member has been charged in connection with their deaths.
On Saturday evening, emergency personnel responded to a tragic scene in Roanoak Texas, where two children were killed and several other people were injured while riding on various part of a John Deere backhoe.
Officials said several adults and children were riding on the backhoe when the front bucket dumped forward, spilling the people inside to the ground.
Authorities said two children, ages 7 and 11, were run over and died at the scene. Two other children and an adult suffered injuries and were transported to nearby hospitals.
The deceased children have been identified as students of Trinity Valley, a private school in Fort Worth.
The driver of the backhoe was arrested. Officials have not said how he is related to the victims, but he shares their last name. Social media is identifying the driver as the children’s father.
He faces numerous charges, including two counts of manslaughter, three counts of endangering a child and one count of aggravated assault with a deadly weapon.
In Texas, a person can be charged with manslaughter if they recklessly cause a person’s death. Manslaughter charges often stem from tragedies that occur unintentionally, but where a substantial and unjustifiable risk was present.
Manslaughter is punishable by two to 20 years in prison.
The question we have to ask is why, in the face of unimaginable tragedy, would criminal charges be piled on so quickly? And what defense could potentially apply?
It is going to come down to the defendant’s mental state and whether his actions were intentional, reckless or negligent. The mechanics of the backhoe will also be a strong consideration and whether the machine was in proper working order.
There is still a lot we don’t know about this incident, including why so many people were riding on the backhoe and what exactly went wrong.
