by BRAD ROLLINS
If it withstands an all-but-certain appeal, Rodriguez’s ruling invalidates an arrangement under which Misiaszek admitted to family violence assault, agreed to be evaluated for domestic violence and alcohol problems and waived his right to fight the original charge should he be charged with anything else within 18 months of signing the deal. The Travis County Attorney’s office, in exchange, agreed not pursue a misdemeanor charge that Misiaszek assaulted his wife, San Marcos police Det. Kathy Misiaszek, by shoving her during an argument at their home in October 2010.
When both Misiaszeks were indicted and arrested in April last year on charges of deadly conduct — unrelated, but more serious, accusations stemming from an alleged road rage blow-up the previous fall — Travis County dusted off the deferred prosecution agreement and re-filed the assault charge against Dan Misiaszek.
But Rodriguez, writing in an Oct. 9 letter to the attorneys involved, said she has decided to grant a motion from defense attorneys Charles E. Soechting and Kathryn Sullivan to void, or “quash,” the agreement, saying that the document is “rife with errors and jurisdictional defects” and that “the mistakes are careless without regard to form or substance.” Throwing out the deferred prosecution agreement means throwing out Misiaszek’s guilty plea and he cannot be re-tried because the two-year statute of limitations has run out.
» Read the full story + download court documents in State of Texas vs. Daniel Misiaszek | Join MercuryPro today.
—Email | Print