by SEAN WARDWELL
Hays County District Attorney Sherri Tibbe has filed a motion to recuse both herself and her staff from the retrial of Shawn Nathan Shipman. Tibbe has asked that Mark Kimball, a former Bell County assistant district attorney, be appointed as a special prosecutor.
David S. Watts, Shipman’s legal counsel, indicated to the district attorney’s office that he has no objection to the motion. However, the court has yet to rule on it.
Shipman was arrested in 2007 on narcotics charges and pleaded guilty to delivery or distribution of a dangerous drug. Under a plea agreement, he was sentenced to the 498 days of time he had already served. However, Assistant District Attorney Lynn Peach alerted Watts to the possibility of misconduct in the case against his client, resulting in a new trial.
Peach testified that the original informant against Shipman was not a concerned citizen, as San Marcos Police Department (SMPD) Detective Laray Taylor and Hays County Assistant District Attorney Chris Johnson represented. Rather, said Peach, the original informant was a confidential informant who was cooperating with police to better her own legal situation.
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