The following is a press release from the Medina County Sheriff’s Office:
In September of this year, Medina County Sheriff’s Office received information regarding students’ at the Devine High School, possessing, using, and passing methamphetamines. The information revealed much of the drug use occurred on school property and during school events.
The Medina County Sheriff’s Deputieswere able to quickly identify two adults not in any way associated with the school, who were supplying the methamphetaminesto the students. These two individuals were subsequently arrested and charged with delivery of a controlled substance.
Further investigation revealed a number of students, who were abusing methamphetamines. The evidence gathered in this investigation was presented to the 38TH Judicial District Attorney’s Office. The District Attorney determined that the evidence was sufficient to charge four students with felony offenses.
Upon further review of all factors involved, including the determination that none of the students had any criminal histories or disciplinary action at the school. After consultation with the parents of the students involved it was determined by the District Attorney and the Medina County Sheriff jointly, the most appropriate action would be pre-trial intervention / pre-trial diversion.
Pre-Trial Diversion is a form of probation allowed by the Texas Code of Criminal Procedure and is designed to hold an offender accountable for criminal conduct, but not result in a felony criminal history. Mr. Daniel J. Kindred the 38th Judicial Attorney discussed pre-trial diversion with the parents and the students together. The student involved agreed to enter into a pre-trial diversion agreement with the District Attorney’s Office.
Mr. Daniel J. Kindred District Attorney said “Pre-trial diversion probation should be used sparingly, but is sometimes appropriate, when you have a 17 or 18 year old high school student, nonviolent first time offender as is the case with these students. Conditions of pre-trial diversion are difficult and serve as punishment as well as a rehabilitative tool. If any of the students violates any conditions of their probation requirements, the District Attorney’s Office will seek a felony indictment; the student will be arrested, and this case will proceed to the District Court for adjudication.
Unfortunately this is not the first time High School students in the 38TH Judicial District have committed felony offenses. I have in the past utilized the pre-trial diversion probation for nonviolent offenders, when I felt it appropriate and will continue to do so when necessary in the future.
I can hold them accountable; assess an appropriate punishment without turning a teenager into a felon, that’s what I will try first. It is my hope these students will commit no further criminal violations, graduate from high school and go on to be productive citizens.”
Sheriff Randy Brown said “our hopes and prayer are that these four young men will take this opportunity as a lesson learned and are able to complete their probation allowing them to move forward with their lives. With bad decisions there are consequences for our actions, they will be required to and not limited to the following; supervised community service, curfew, no participation in school sports, drug testing and counseling”.
Editor’s note: This post was edited to add attribution.