SAN ANTONIO – A judge in Bexar County will soon decide whether a woman involved in a 2017 hit-and-run must travel to Georgia as part of the terms of her probation.
The case dates back to 2017, when Matthew Belknap was nearly killed in a hit-and-run. For years, his wife Katie Belknap has pushed to make sure the driver, Marisa Ross, is held accountable.
Ross is currently on probation.
Ross appeared for a compliance hearing Wednesday in Judge Jennifer Peña’s courtroom. She declined to speak to reporters following the hearing; however, she has said in the past that she wants to be in compliance.
Katie Belknap reached out to KSAT, saying the conditions of Ross’ Shock Probation have not been fully met even after five years. KSAT previously explained the issue extensively in a story that aired in early October.
Under the shock probation case, specific terms written by the judge would have required Ross to leave the state to care for the victim.
KSAT asked St. Mary’s law professor Shem Vinton to weigh in on whether the written stipulations appeared enforceable. After reviewing the conditions, Vinton said they are unique and may present liability concerns. He said it’s important for attorneys and those in the legal system to explain this to victims.
“It sounds really bad, but you have to manage expectations. Like, we can put this condition down, and certainly, it may be something that you really want, but the reality is it may not be met. There may be myriad reasons why it cannot be met,” he said. “Number one, can this person leave the state for two weeks a year and go to accomplish this condition? Do they have the means to do it? Do they a employment that would allow them to do that?”
Belknap has also expressed frustration that Judge Peña and the Bexar County Probation Office have not been receptive to her calls and concerns over the years.
During the recent hearing, probation officers said Ross has met all the probation conditions on paper. A special hearing will be set for a later date to decide on the trip to Georgia.
KSAT said it will continue to follow the case.
We asked Vinton where people who are frustrated with the legal system can take their concerns. For major complaints against judges, the State Commission for Judicial Conduct hears such cases.
For the Bexar County Probation office, supervisors and the head of the Community Supervision and Corrections Department.
Ultimately, he says complaints at a higher level can also be made to elected city councils and country leaders who manage the funding that goes into the judicial system.
The ultimate power is in the hands of voters, he says, who vote for the judges, district attorney, and county leaders who run the judicial system.
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