Montez

by SEAN KIMMONS

Two San Marcos-based state troopers who allegedly mistreated two men while off duty will stand trial on official oppression charges, officials say.

Charlie Potter, 28, and Santiago Montez, 33, both troopers in the Department of Public Safety office in San Marcos, were suspended with pay on Sept. 15 after their indictments, DPS spokesperson Tom Vinger said Monday.

On March 11, Potter and Montez intentionally subjected two men to mistreatment or to detention by pulling and grabbing them, according to court records.

DPS officials would not elaborate on the incident and referred further questions to Hays County District Attorney Sherri Tibbe, who does not comment on pending cases.

Probable cause affidavits, which are used to secure arrests and typically provide details on incidents, were not available.

Potter

Tibbe said that affidavits in these cases were not prepared since they went straight to the grand jury for consideration of charges. A grand jury decides if there is enough evidence to move forward with charges, not the guilt or innocence of the accused.

Potter and Montez are charged with official oppression, a Class A misdemeanor punishable up to one year in prison and a fine of $4,000. They were arrested Sept. 22 and released the same day on a $10,000 bond each, jail records show.

Official oppression is defined by the state’s penal code as a public servant, who acts under color of his office to intentionally subject another to mistreatment or to arrest, detention, search, seizure; sexual harassment; or denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity.