D396-1616871-00

FILED
TARRANT COUNTY
11/15/2022 3:25 PM
No. 1616871D THOMAS A. WILDER
DISTRICT CLERK

THE STATE OF TEXAS § IN THE 396th JUDICIAL

§
VS. § DISTRICT COURT OF
§
AARON YORK DEAN § TARRANT COUNTY, TEXAS

AARON DEAN’S SUPPLEMENTAL MOTION FOR CHANGE OF VENUE PURSUANT TO

ARTICLE 31.03 C.C.P. AND SUPPORTED BY THE AFFIDAVITS OF TWO CREDIBLE
PERSONS / RESIDENTS OF TARRANT COUNTY

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Aaron Dean in the above-entitled and numbered cause, by and through

his attorneys of record, Jim Lane, D. Miles Brissette and Robert K. Gill, and requests this

Honorable Court to change venue for the trial of the instant case, and in support thereof would

show the Court as follows:

I.
INTRODUCTION

In the above cause, Mr. Dean is charged with the offense of Murder. The offense is

alleged to have occurred on October 12, 2019. Mr. Dean was arrested on October 14, 2019.

Since October 12, 2019, there has been extensive media coverage in Tarrant County, Texas

concerning this case. Considerable discussion has occurred in the community regarding the

alleged offense, the complainant in the offense, Atatiana Jefferson and Aaron Dean. The pretrial

publicity has been extensive, prejudicial and inflammatory against Mr. Dean.

Furthermore, influential persons in the county have instigated a dangerous combination

against Mr. Dean by reason of which Mr. Dean cannot expect a fair trial in Tarrant County for

this case.

Motion No. W
 II.

CONSTITUTIONAL AND STATUTORY BASIS FOR CHANGE OF VENUE

The accused in a criminal accusation is guaranteed the right to a fair trial by an impartial

jury under the federal and state constitutions and the Texas Code of Criminal Procedure. U.S.

Const., Amend. VI; Tex. Const. Art. I § 10; TEX. CODE CRIM. PROC. Art. 1.05. The minimal

constitutional standard of fairness requires that a defendant, his case and his defense be judged

by a panel of impartial and indifferent jurors. Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031

(1975); Irwin v. Dowd, 366 U.S. 717, 81 S.Ct. 1639 (1961). The cases require that the entire

atmosphere in which the trial is conducted be impartial. Pamplin v. Mason, 364 F.2d 1, (5th

Cir.[Tex.] 1966). Depriving the defendant of this right to an impartial jury and trial violates the

defendant’s right to due process guaranteed by the Fourteenth Amendment. A defendant’s right

to a change of venue is an issue of constitutional dimension. Bridges v. State, 471 S.W.2d 827

(Tex. Crim. App. 1971); Enriquez v. State, 429 S.W.2d 141 (Tex. Crim. App. 1968).

An impartial jury is defined as one which does not favor a party or an individual because

of the emotions of the human mind, heart, or affections. It means that the defendant, the cause,

and the issues involved in the cause must not be prejudiced. Durrough v. State, 562 S.W.2d 488

(Tex. Crim. App. 1978).

Under Texas law, a change of venue must be granted where “there is a dangerous

combination against [the defendant] instigated by influential person, by reason of which he

cannot expect a fair trial.” TEX. CODE CRIM. PROC. 31.03(a)(2).

Motion No. W
 III.
FACTUAL BACKGROUND

In this case, a dangerous combination to convict Mr. Dean consists of the former chief of

police of Fort Worth, Ed Kraus, the former mayor of Fort Worth, Betsy Price, and the current

criminal district attorney of Tarrant County, Sharen Wilson. These persons are influential

persons. These influential persons dangerously combined against Mr. Dean beginning

immediately after the events of October 12, 2019. These influential persons dangerously

combined against Mr. Dean through comments made in broadcast media and through comments

quoted in print media in Tarrant County, Texas. The comments of these persons expressed their

opinion that Mr. Dean is guilty of murder and that there is no justification for the act of Mr.

Dean.

The comments of the Mayor and Interim Chief of Police were repeatedly broadcast and

printed in the media. Shortly after the event that is the subject of this case, Mayor Price was

widely quoted in the media as saying the fact that a handgun was found next to the complainant

was “irrelevant.” Interim chief Kraus was quoted in the media as saying that Dean acted without

justification.

The comments by these individuals came against a backdrop of racial unrest throughout

the Metroplex. The event that is the subject of this case occurred around ten days after the

conviction of former Dallas police officer Amber Guyger, a white female who was convicted of

killing a black resident of Dallas in his own apartment. There were other well-publicized

instances of white officers allegedly shooting black citizens percolated through the media at that

time. In an editorial published on October 13, 2019, the Fort Worth Star Telegram stated that,

“A spate of police shootings is roiling the community, and city leaders must seriously address the

Motion No. W
problem.” That same editorial goes on to say, “It doesn’t look this way in the video, but it may

turn out that the unidentified officer reasonably perceived a threat from Jefferson, a 28-year-old

black woman” and “[t]he information selectively released so far is troubling.” The Star

Telegram also reported that a quick, thorough investigation should be done to determine whether

to ask a grand jury if the officer’s reaction justifies an arrest and a criminal charge. Local leaders

decided to reverse this procedural sequence by issuing an arrest warrant for Mr. Dean almost

immediately after the investigation began.

In addition to these comments, many other influential persons expressed their opinion in

the medial regarding the alleged guilt of Mr. Dean. These comments were pervasively made by

numerous elected officials serving Tarrant County. On October 14, 2019, the Fort Worth Star-

Telegram quoted U.S. Representative Marc Veasey as saying, “About time!’ to news of Dean’s

arrest. Veasey was further quoted as saying, that “Dean’s resignation was not enough and he

should be in jail.” The Star Telegram reported that Veasey tweeted that the “@tarrantcountyda

should file charges now and he should be behind bars!” On October 15, 2019, the Star Telegram

reported statements by Tarrant County Commissioner Roy Brooks that he believed that some

officers charged with policing minority communities are afraid of Fort Worth’s black residents.

“Consequently the[y] let their fear of us override their training, override their duty to protect and

serve,” Brooks is quoted as saying. Texas State Representative Harold Dutton was quoted in that

same Star Telegram edition with saying that “Texas and nationwide leaders needed to come

together to create strict hiring procedures for police that would weed out officers who have racial

bias.” On October 15, 2019, the Star Telegram quoted Texas State Senator Royce West as

saying that “Texas law requires officers identify themselves as police before using any force.”

Motion No. W
This particular quotation is followed by a statement that Dean did not identify himself as an

officer according to body camera footage of the shooting. Texas State Representative Nicole

Collier is quoted in that same edition as saying, “We should not have people die as a result of a

welfare check.” That same day in a Star Telegram article entitled “’We can’t tolerate it’: Fort

Worth officer writes emotional post about unjust killing,” Fort Worth police officer J. C.

Williams was quoted as saying, “Atatiana was unjustly killed and is a victim.” Williams is

further quoted as saying, “Dean got it wrong.” Williams’ comments in the article were followed

by a quote from Interim Chief Kraus who said, “There’s absolutely no excuse for this incident

and the person responsible will be held accountable.”

The persons quoted above continued throughout the pendency of this case to make

reckless statements. The statements of these individuals were mixed with the comments of

Jefferson family attorney, Lee Merritt. The press and media have quoted Merritt liberally

throughout the time this case has pended. For example, Merritt was quoted as falsely saying that

“a special response team responded to a welfare call,” and that “police were dressed in black and

parked around the corner of the house.” Fort Worth Star Telegram October 13, 2019.

As an advocate, Merritt understandably posits his comments from the viewpoint of the

Jefferson family. The comments of Merritt dovetail with the comments of the other persons

quoted. The court in which this case previously pended added to the injury done by Merritt’s

comments by refusing to sanction Merritt even though his comments are clearly in violation of

the “gag” order promulgated by the previous court on October 25, 2019. It should be further

noted that after Mr. Merritt was formally sworn in as a witness, that counsel for Mr. Dean asked

the court to initiate contempt proceedings against Merritt for disobeying the “rule” and the “gag”

Motion No. W
order by asking the court to issue a “show cause” order to Merritt.

There is also a dangerous combination of influential persons who seek to defeat Mr.

Dean’s right to a change of venue for the trial. It has been presented in the media that the current

mayor of Fort Worth, Mattie Parker and other city council members have been vocal about

wanting to keep the Dean trial in Fort Worth. These influential persons express their agreement

that Fort Worth is the best place for Dean to go to court. Mayor Parker is quoted as saying that

the trial needs to remain in Fort Worth and that a change of venue could be more damaging than

anything else. These influential persons include then Fort Worth city councilman Cary Moon

who is quoted in the media as saying that the city of Fort Worth should not create an

environment where the defense can make the case to move the trial. Newly elected Fort Worth

city councilman Chris Nettles attempted to push the trial court to ignore the Texas Code of

Criminal Procedure and Texas Government Code by holding an immediate trial on the case.

Nettles’ visit to the courthouse where he attempted to present a letter to this effect to the trial

court was well-publicized. The contents of the Nettles’ letter were publicized in the media as

well.

There is also a dangerous combination of influential persons who seek to make a racial

issue out of the Dean trial. These influential persons include former state representative and

local NAACP general counsel Glenn Lewis who presents a racial angle to the Dean trial by

stating that if the trial is moved out of Fort Worth Dean will likely face a jury with a higher

percentage of white jurors. Another influential person is Estella Williams president of the

NAACP Fort Worth Tarrant County Branch who publicly makes a racial issue out of the Dean

case by attempting to use the Dean case as a catalyst for racial change in Fort Worth and

Motion No. W
complaining that not enough has been done to address racial issues created by the Dean case. An

October 14, 2019, article in the Fort Worth Star Telegram quoted then Tarrant County

Democratic Party chairwoman and recent candidate for Tarrant County Judge Deborah Peoples

as saying, “[w]hen officers come into our communities, they come in combat mode. We don’t

have a chance.”

IV.
ARGUMENT

In their dangerous combination, Mayor Price and Interim Police Chief Kraus (1) touted

the purported strength of evidence against Mr. Dean, (2) made evidentiary representations, (3)

discoursed on various prosecution theories, and (4) essentially eliminated any defense available

to Mr. Dean for the benefit of the prospective jury panel population in Tarrant County.

All of the publicity generated against Mr. Dean in this case has come while the defense

team has been under a “gag” order issued by this Court. All of the publicity was generated with

the defense being given no opportunity to respond, refute, test or cross-examine the many

inflammatory representations made in furtherance of the dangerous combination of influential

persons.

The dangerous combinations have poisoned the prospective jury panel for the trial of this

matter in Tarrant County, Texas.

V.

Since the dates of the alleged offense, arrest and indictment and because of the

considerable discussion in the Tarrant County community it is apparent that:

a) There exists in Tarrant County, Texas so great a prejudice against the Defendant

that he cannot obtain a fair and impartial trial; and

Motion No. W
 b) There is a dangerous combination against the Defendant in Tarrant County, Texas

instigated by influential persons, by reason of which he cannot expect a fair trial; and

c) The amount of publicity generated as a result of the instant case has been so great

that it has produced so much prejudice in the community that the likelihood of the Defendant

being able to seat a fair and impartial jury and receive a fair and impartial trial in Tarrant County,

Texas is doubtful.

VI.

INFLAMMATORY AND PREJUDICIAL

The inflammatory nature of the publicity in this case is exacerbated by the racial slant

that the media adopted soon after the event that is the subject of this case.

In its first article after the event, the Fort Worth Star Telegram began laying down a

narrative that this case was racially motivated. On October 13, 2019, the Star Telegram quoted

Pastor Michael Bell of the Greater Saint Stephen Baptist Church as saying, “Ain’t no ‘perceived

threat’—unless it’s black folk[.]” “Just our presence—we’re the threat.”

Almost immediately, the media began drawing a parallel between this case and the case

of Botham Jean. When the Botham Jean case was repeatedly mentioned in the media it is

described as being a case of a black man being killed in his own apartment by white Dallas

officer Guyger. See Fort Worth Star Telegram October 13, 2019.

VII.

In accordance with Article 31.03 C.C.P., this Motion for Change of Venue is supported

by the affidavits of two credible persons, who are residents of Tarrant County, Texas. The

affidavits of Rene Van Houten and Wendy Alise are additionally attached to this supplemental

Motion No. W
motion as Exhibits “A” and “B” and are incorporated by reference to this motion for all

purposes.

VIII.

Aaron Dean’s right to a fair and impartial trial, as guaranteed by the Sixth Amendment of

the United States Constitution, Article I, §10 of the Texas Constitution, and Article 1.05 of the

Texas Code of Criminal Procedure has been denied and Mr. Dean is entitled to have his trial

moved to a venue that can provide him a fair and impartial trial. This right to a fair and impartial

jury to hear and decide this case is also guaranteed by Due Process afforded an accused through

the 5th and 14th Amendments to the United States Constitution and Article 1, Section 19 of the

Texas Constitution.

WHEREFORE, PREMISES CONSIDERED, Aaron Dean respectfully prays that this

Honorable Court will grant this, his Motion for Change of Venue in all things; or in the

alternative, that this Court will schedule this matter for a hearing prior to trial on the merits and

that at such hearing this Motion will be in all things granted.

Motion No. W
Respectfully submitted,

/S/ JIM LANE

S.B.O.T No. 11879200

Law Office of Jim Lane

204 W. Central Ave.
Fort Worth, TX 76164
(817) 625-5582
[email protected]

____________________________
D. MILES BRISSETTE
S.B.O.T. No. 50511628

Law Offices of Gill & Brissette

(Not a Partnership)

3663 Airport Freeway

Fort Worth, Texas 76111
(817) 803-6918 office
(817) 554-1534 facsimile
[email protected]

____________________________
BOB GILL
S.B.O.T. No. 07921600

Law Offices of Gill & Brissette

(Not a Partnership)

3663 Airport Freeway

Fort Worth, Texas 76111
(817) 803-6918 office
(817) 554-1534 facsimile
[email protected]

ATTORNEYS FOR AARON DEAN

Motion No. W
 FIAT

IT IS HEREBY ORDERED that the above Motion be heard on the ______ day of

________________, 2022, at ________________ o’clock ___m.

____________________________
JUDGE PRESIDING

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice was hand-delivered

and/or e-mailed [[email protected]], and/or provided by electronic

service via E-FILE TEXAS COURTS to the Tarrant County Criminal District Attorney’s Office,

Tim Curry Criminal Justice Center, 401 West Belknap, Imaging Unit, Fort Worth, Texas, on

November 15, 2022.

______________________________________
ROBERT K. GILL

Motion No. W
 No. 1616871D

THE STATE OF TEXAS § IN THE 396th JUDICIAL

§
VS. § DISTRICT COURT OF
§
AARON YORK DEAN § TARRANT COUNTY, TEXAS

ORDER

The above and foregoing Aaron Dean’s Motion For Change of Venue having been heard

by the Court, and the Court having considered such Motion, it is hereby ordered that the Motion

be GRANTED.

It is HEREBY ORDERED that the trial of this case be transferred immediately to

_______________________________ County, Texas.

___________________________
JUDGE PRESIDING

Motion No. W
Exhibit "A"
Exhibit "B"
 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Heather Nering on behalf of Robert Gill

Bar No. 7921600
[email protected]
Envelope ID: 70199227
Status as of 11/16/2022 8:41 AM CST

Associated Case Party: AARONYORKDEAN

Name BarNumber Email TimestampSubmitted Status

Robert K.Gill [email protected] 11/15/2022 3:25:06 PM SENT

Jim Lane [email protected] 11/15/2022 3:25:06 PM ERROR

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Tarrant County District AttorneyDefense Motions [email protected] 11/15/2022 3:25:06 PM SENT