BRAZOS CO. GRAND JURY DECLINES TO INDICT TABC OFFICER ACCUSED OF PERJURY

  

A Brazos County Grand Jury has declined to return an indictment on a Texas Alcoholic Beverage Commission officer accused of Aggravated Perjury.

According to a release from the Brazos County District Attorney’s Office, a grand jury found there was not sufficient evidence to establish probable cause for the offense of Aggravated Perjury, in the case of TABC officer Jonathan Jergins.

The District Attorney’s Office said in the release an Aggravated Perjury charge requires a defendant to make a false statement under oath during an official proceeding, with knowledge of the statement’s meaning and intent to deceive.

According to court records, Jergins was accused of perjury after his conduct in a sting operation with a teenage girl at a Northgate bar.  Security camera footage showed Jergins passing a beer to the minor, then arresting the bartender for serving the minor.

The bartender claimed he sold the beer to Jergins, but Jergins wrote a warrant saying the bartender sold the beer to the minor.  The bartender was later acquitted of the charge.

You can read the full release from the Brazos County District Attorney's Office below:

A Brazos County Grand Jury declined to return an indictment in the investigation of a Texas Alcoholic Beverage Commission officer for the offense of Aggravated Perjury. The finding by the grand jury means they did not believe there was sufficient evidence to establish probable cause for the legal elements required for this offense. The essential function of the grand jury is evaluating evidence to determine whether or not a person should be formally accused of a crime. Art. 2.03 of the Code of Criminal Procedure does not grant the grand jury additional authority to issue reports.

Aggravated Perjury requires that a defendant make a false material statement under oath during an official proceeding, with knowledge of the statement’s meaning, and with intent to deceive. The Texas Court of Criminal Appeals has stated that a factfinder must find not only that the statement in question is false, but that the speaker believed it was false. De La Paz v. State, 279 S.W. 3d 336 (Tx. Crim. App. 2009).

The Brazos County District Attorney's Office acts as the legal advisor to the grand jury and provides evidence and information collected by law enforcement, as well as any additional information, evidence, or witnesses the grand jury may request.  

The Brazos County District Attorney’s Office would like to thank the grand jury for their hard work, dedication and their commitment to a thorough investigation. We respect the grand jury's analysis of the facts in light of the requirements set forth in the Texas Penal Code.

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2 Comments

  1. The bartender was aquited for lack of credible evidence. The evidence being the TABC officers testimony. Camera told the truth. Discredited the testimony. In the current atmosphere of public official law breaking, appears the grand jury system may be affected too. Would not be the first time.

  2. So let me get this straight- TABC officer gets caught on video and then lies- commits perjury-and a grand jury refuses to indict? Since a prosecutor can get a grand jury to indict a rock in Texas, something is amiss here. It’s hard to believe they were that stupid, so it sounds like all parties just ignored the law like The TABC officer did. Wow.