TABC EXECUTIVE DIRECTOR SUPPORTS DECISION TO NOT INDICT OFFICER ON PERJURY CHARGE
The executive director of the Texas Alcoholic Beverage Commission (TABC) supports the decision of a Brazos County Grand Jury to not indict an agent on an Aggravated Perjury charge.
According to a release from Executive Director Bentley Nettles, an internal investigation found no wrongdoing on the part of agent Jonathan Jergins, concerning a sting operation performed at a Northgate bar in September 2016. Nettles said he was “pleased” the grand jury’s decision aligned with that of the TABC.
In that operation, Jergins was shown on security camera footage passing a beer to a minor, then arresting the bartender for serving the minor. Jergins was accused of perjury, as the bartender claimed he sold the beer to Jergins. However, a warrant written by Jergins claimed the bartender sold the beer to the minor. The bartender was later acquitted of the charge.
Nettles did admit in the release that this case has “revealed some flaws in how underage compliance operations are conducted”. He said changes have been made to how operations are run, since the one in 2016. He concluded by saying this trial has served as a learning opportunity, and will go toward improving TABC agents and its enforcement processes.
Brazos County District Attorney Jarvis Parsons said Tuesday 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.
The attorney of the bartender said they are still pursuing a federal civil rights lawsuit against the TABC.
You can read the full release from TABC Executive Director Bentley Nettles below:
A Brazos County Grand Jury has ruled that there are inadequate grounds for prosecution in the case of TABC Agent Jonathan Jergins, who was accused by a local defense attorney of perjury after he provided incorrect information while testifying at trial in November 2018.
During that trial, Jergins gave an account of a TABC underage compliance operation conducted at Rebel Draft House in September 2016. Jergins’ account was later contradicted by security camera footage shown at the trial by defense attorneys, resulting in a “not guilty” verdict for a bar employee accused of selling alcohol to a minor. Jergins’ conduct during the trial was later the subject of an investigation by the Brazos County District Attorney and forwarded to the grand jury, which issued a no bill ruling following a review of the case.
"As a law enforcement agency, the Texas Alcoholic Beverage Commission sets high standards of professional conduct for its peace officers. Any allegations of wrongdoing by one of our agents is taken extremely seriously. That is why TABC began an internal review of Agent Jergins’ actions during the undercover operation, as well as his behavior at trial. Our review found no wrongdoing on the part of Agent Jergins, and I’m pleased that the grand jury declined to issue an indictment following a careful review of the evidence.
We agree that this case has revealed some flaws in how underage compliance operations are conducted. As public servants, we have a responsibility to identify our shortcomings and to do better. As soon as TABC leadership was made aware of this case, we began a formal review of the underage compliance operation that took place in September 2016 and looked across the board for areas where improvement is needed.
Since then, we’ve instituted changes to the way underage compliance operations are conducted in order to ensure accurate information is recorded by participating agents immediately after each inspection. We’ll continue to look for other ways to improve in the coming weeks.
TABC views this as a learning opportunity. Texans have a right to expect the very best from their law enforcement agents, and the lessons learned from this case will go toward improving our agents and our processes for years to come."