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by ANDY SEVILLA

Lawyers representing a San Marcos cop couple facing criminal charges born during an alleged fit of ‘road rage’ are saying little publicly so far about accusations against their clients.

Dan Misiaszek

Retired San Marcos Police Department Sgt. Dan Misiaszek is scheduled to appear before 22nd District Judge Charles Ramsay on Thursday to formally plead guilty or not guilty to a third-degree felony count of deadly conduct, court records state. The indictment handed down against him in April says he fired bullets in the direction of an occupied vehicle and home in the Rancho Encino subdivision between San Marcos and Wimberley during an episode  the evening of Nov. 22 last year.

San Marcos police Det. Kathy Misiaszek faces two lesser deadly conduct charges for allegedly ramming her car into the other parties’ vehicle during the same chain of events last fall involving her husband. She has been suspended without pay from the department since April 20, about a week after being formally charged with a pair of Class A misdemeanors.

Attorneys for both Misiaszeks declined to discuss the case in detail except to say they would mount a rigorous defense.

“We think that an objective viewing of the evidence — coupled with the law — will tell a different story than, obviously, the grand jury heard,” said San Marcos attorney Charles Soechting, who represents Dan Misiaszek. ““This is very early in the case and we’re still putting our team together.”

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