DPS has charged hundreds of migrants who rushed a border gate with rioting. A judge has thrown out the charges.
BY ALEJANDRO SERRANO AND URIEL J. GARCÍA
MAY 10, 2024
3 HOURS AGO
EL PASO Twice in recent months, hundreds of migrants have rushed a border gate in El Paso in an effort to push past state troopers and National Guard and get into the U.S.
The Texas Department of Public Safety responded by arresting hundreds of the migrants en masse on misdemeanor rioting charges. Now that strategy is being tested in local courts.
Earlier this week, a judge in El Paso dismissed 211 of the rioting cases related to one incident; the same judge had previously dismissed 140 other cases from another border-rushing incident those cases were revived when the local district attorney took the unusual step of presenting the misdemeanor cases to a grand jury, which indicted all the migrants.
Typically grand juries only review more serious felony cases, while prosecutors present misdemeanor cases directly to judges who must determine if theres enough evidence to support charging someone with a crime.
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The judge dismissed the charges because prosecutors had convened a grand jury in state court, then took the cases to a county court without a required order transferring the cases between jurisdictions.
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