Public servant assaults, felony DWI and drug case among those dismissed after errant Schertz PD evidence purge

Seven felony counts dismissed by Guadalupe County Attorney on Wednesday, three misdemeanor dismissals pending

Among the cases dismissed Wednesday were felony charges against Michael Robinson, Adriana Torres and Luis Torres. (KSAT)

SCHERTZ, Texas – The Guadalupe County Attorney this week dismissed felony cases against five defendants after evidence in each of the criminal matters was improperly destroyed by the Schertz Police Department, court records obtained by KSAT Investigates show.

The move by prosecutors was the latest step in the months-long fallout from over a decade’s worth of evidence being destroyed or removed from the department’s property room without prosecutorial review.

A Feb. 15 letter from Guadalupe County Attorney David Willborn accused Schertz PD of asking judges to sign destruction orders for drug evidence and weapons without them being reviewed by prosecuting agencies.

Schertz police officials confirmed last week that 1,047 cases — mostly in Guadalupe County — were impacted by the purge.

A Schertz spokeswoman confirmed last week that no officers were suspended as a result of the incident, but were instead coached or counseled.

The department was also reviewing and updating its policies and processes as of last week, the spokeswoman said.

Marc Bane, who was serving as interim chief of SPD at the time the improper purge was discovered by prosecutors, retired from the department in late July, city records released this week confirm.

Schertz city officials have so far blocked the release of all requested records related to the hiring of the consulting firm that handled the evidence room purge as well as for complaints filed against Bane.

Dismissals signed Wednesday

Among the cases dismissed by Willborn on Wednesday were two counts of assaulting a public servant filed against defendant Adriana Torres in 2013.

Torres had failed to appear in court for a scheduled plea hearing in the case in late August of 2014, Guadalupe County court records show.

Prosecutors also dismissed an evading-arrest-with-a-motor-vehicle charge against defendant Rafael Garcia.

Two counts of credit card abuse were dismissed for defendant Cathryn Gunther as well as a drug possession case against defendant Michael Robinson.

There had been no updates in Robinson’s criminal case since May 2016, records show.

Luis Torres, a repeat drunk driver, had a felony DWI case dismissed, according to court filings.

He had previously failed to appear in court for the case in December 2015, records show.

Three misdemeanor cases are in the process of being dismissed as well, Willborn confirmed this week.


About the Authors:

Emmy-award winning reporter Dillon Collier joined KSAT Investigates in September 2016. Dillon's investigative stories air weeknights on the Nightbeat and on the Six O'Clock News. Dillon is a two-time Houston Press Club Journalist of the Year and a Texas Associated Press Broadcasters Reporter of the Year.

Rebecca Salinas joined KSAT in the fall of 2019. Her skills include content management, engagement and reporting.