BELL COUNTY, Texas — The trial date has yet to be rescheduled for the former Temple police officer who reportedly shot and killed Michael Dean during a traffic stop in 2019, 6 News learned Tuesday.
The manslaughter trial for Carmen William DeCruz was first set for June 14 at 9:15 a.m., according to a document published in January from Bell County Criminal District Court Coordinators. However, DeCruz's defense attorney, Robert McCabe, said it likely won't happen until 2022 since Bell County has suspended all jury trials until June 21 of 2021.
Bell County District Attorney Henry Garza told 6 News he is ready to try the DeCruz case now, but there are a multitude of hurdles between any jury trial case and the actual courtroom.
First, there is a order suspending all jury trials until on or after June 21. Bell County courts are required to follow orders from the Texas Supreme Court on how to hold trials during the pandemic. Garza said current orders should expire in the next two weeks, but they are going to have to follow any new orders on how to go about trying cases. Finding out how to operate with those new guidelines may require starting with just one case and going there.
Second, Garza said court judges are responsible for deciding the order of cases they take while dealing with the case backlog. McCabe said he anticipated judges holding trials for people waiting in jail before moving to those out on bond. Garza said he didn't know what the order would be, but it wasn't up to the DA's office.
"The people that actually decide, make that decision, are the district judges of the county," Garza said. "They control the scheduling, managing, and directing in respect to what can and should be tried."
Garza said they should be able to hold the year's first jury trial case on June 28. He said each court is backed up and both prosecutors and judges must move intentionally and be ready for trials to keep the process moving. He said they would potentially have multiple trials per week.
Garza did tell 6 News they are ready on their side to bring the case against DeCruz.
"As far as we are concerned we are ready. Give us the day, give us the time, and we are ready to move on it," Garza said.
McCabe said the county has not had jury trials in 14 months, so a massive backlog is likely. He added that when jury trials do resume, the county will first hear cases for violent offenders currently in jail, then cases involving crimes against children and finally cases for people out on bail, like Decruz.
“I don’t think it will get to trial in 2021. Not considering the dozens and dozens of first degree homicide cases and habitual offenders, violent offenders in jail that they have to try, I would be very surprised if the case got to trial this year," McCabe said.
On Dec. 2, 2019, Temple police officers tried to pull over a car on Little River Road, but the traffic stop ended in an officer-involved shooting that resulted in 28-year-old Dean's death.
Eight days later, Temple police identified the officer who reportedly pulled the trigger as Decruz. He was placed on administrative leave at the time.
According to the affidavit, Decruz went up to the passenger side of Dean's car and ordered Dean to give him the keys while his finger was on the trigger of his gun. The affidavit states that while Decruz pulled the keys with his left hand, his right hand pulled back, which caused his gun to go off, hitting Dean in the head.
On Dec. 17, 2019, 6 News learned Dean's car was released by the Texas Rangers to TPD on Dec. 5, 2019. Dean's family requested for the car to be kept in its condition for an independent investigation but one seat was cleaned with bleach. According to a spokesman with the department, that's "pretty typical" because it could have been upsetting to the family.
In February 2020, Decruz was officially charged with manslaughter in connection to Dean's death. He resigned from the department nine days later.
In March 2020, Decruz was indicted on those charges. His bond was lowered from $500,000 to $80,000 and he was released from jail.
The Temple NAACP held several protests in response to the department's handling of the case, calling for transparency and for the video of the shooting to be released.
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