A former Brenham Police officer has been found not guilty in connection to a domestic incident in the summer of 2021.

Former Brenham Police Officer
Marley Mayo
(Brenham Police Dept.)

A trial was held last week for Marley Mayo, who was charged with Assault Causing Bodily Injury to a Family Member and Interfering with an Emergency Request for Assistance.  The verdict by Washington County Court at Law Judge Eric Berg was not guilty on both counts.

The dispute concerned Mayo and Kevin Mertz, also a former member of the Brenham Police Department, as well as a second woman whom Mertz was secretly involved with at the same time he was in a relationship with Mayo. 

The scuffle ensued after, according to the prosecution, Mayo came to Mertz’ home in the early morning hours of August 22, 2021 to spend the night, when she discovered the other woman at the residence. 

None of the three parties involved chose to press charges, according to Mayo’s defense attorney, Paul Looney.  Charges were filed on Mayo by the county, who charged that, along with the assault, she attempted to block Mertz from calling 911. 

During the trial, Mertz admitted that he initiated physical contact in the dispute with Mayo.  He also said he had never taken away Mayo’s permission to come into his home. 

In addition, Mertz said he did not initially tell Mayo he was calling 911, and that she only tried to stop him from making the call when she believed he was calling her mother.  He stated that once he confirmed he was calling police, she did not try to stop him from doing so.  

Further, Mertz admitted to trying to get the charges against Mayo dropped on the basis that he falsely depicted her in his report to the Washington County Sheriff’s Office.

A statement from Washington County Attorney Renee Mueller said the prosecution “felt the evidence proved the case beyond a reasonable doubt,” but respected the decision of the judge.  It also read, “Domestic violence cases are difficult cases with victims often recanting and blaming themselves.  However, the problem is widespread and often downplayed in our community and country, and it often effects many generations.”

Mayo resigned from the Brenham Police Department not long after her arrest, following an internal affairs investigation by the department. 

Speaking to KWHI, Looney called Mayo an “upstanding citizen” who followed the law at all times during the episode.  He said while he is unsure of whether she plans to re-enter law enforcement, she will “have her pick of assignments” should she decide to.  He concluded that this was “the just and right decision by the judge” and that “now we can all move forward.”

What’s your Reaction?


  1. Oh wait cops can have situation occur from homes, but soon as a no cop person/ regular ends in a situation like this they’d been convicted and sent to jail, family destroyed, background, profile etc. In the city of brenham, don’t treat some occurrence the same either in the people as well. God don’t sleep and he will reign on the town officials one day they will reap what they sow . It’s a lot of bones in the town , and most definitely need to sweep n clean house

  2. Sounds like the county attorney is still trying to make a name for themself. The judge made the right decision.

  3. Good job judge she deserves to have her life back. I guess we want instant justice does not work that way, the wheels of the court work slow. Seemed like she was convicted without her day in court,but she had her day in court and the truth come out and she was cleared. She would make a good union rep for the police union.

    1. I totally agree with you. I also feel that the gentleman involved showed good integrity and moral character by telling the truth and admitting his part in the situation. I’m sure the situation was embarrassing enough for them both.

      1. Good moral character? He was hooking up with 2 different women and got caught. Good that 2 of the combatants are described as being “former” members of the Brenham PD, and that Brenham PD and the DA did their jobs and didn’t sweep it under the rug.

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