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Sat, Nov 21 2009 

Published: August 05, 2008 11:03 am    print this story  

SHATTERED JUSTICE UPDATE: Charges against Bates dismissed

By JANELLE STECKLEIN
Herald-Banner Staff

GREENVILLE The Hunt County attorney has decided to dismiss a driving while intoxicated charge against a woman blamed for driving a Sheriff’s Office patrol vehicle into a tree last December due to insufficient evidence.

Hunt County Attorney Joel Littlefield announced Wednesday he was dismissing the charges against West Tawakoni resident Tiffany Bates on the same day she was due to appear in court for an evidence discovery hearing. However, in a statement, Littlefield said if evidence does surface placing Bates as the driver of the patrol vehicle he will refile charges.

“At this time, the Hunt County Attorney’s Office has determined that there is insufficient evidence to prosecute Tiffany Bates for the criminal offense of driving while intoxicated and has therefore dismissed the case against her,” the statement read.

Following a Department of Public Safety investigation, Bates had been charged with driving while intoxicated in connection with a patrol vehicle accident that took place less than a half-mile from her home. She has vehemently insisted that she was not anywhere near the scene of the accident and that local law enforcement officers are trying to protect her ex-boyfriend — former Hunt County Sgt. Allen Hammond — by blaming her.

The case was the focus of a Herald-Banner investigation, which raised questions into the circumstances of how the charges were filed.

“I was an easy answer,” Bates said after learning of the dismissal. “They thought I was an easy answer.”

In his statement Littlefield said he has asked local law enforcement agencies to re-investigate the crime.

“Although the case has been dismissed, I have asked that law enforcement continue to investigate the case. It is my hope that further investigation will produce sufficient evidence to prosecute the individual responsible for this criminal offense,” he said.

“Two things should be very clear,” he said. “First, if additional evidence is obtained that supports charging Ms. Bates for the criminal offense of driving while intoxicated, she will be re-charged. Second, if additional evidence is obtained that supports charging Deputy Hammond for the criminal offense of driving while intoxicated, he will be charged. Simply stated, I am only concerned with prosecuting the individual responsible, whoever he or she may be.”

Following the announcement, Bates said she is glad about the dismissal because now she can start to pick up the pieces of her life that have been shattered by the charge.

“I’ve got to move forward with the civil part and get my license reinstated,” she said. “It’s been a headache.”

As a result of the charge, Bates spent more than four hours in jail, had her license suspended, had to resign from her job and received a bill of more than $10,000 for the damage to the patrol vehicle. She has since been granted an occupational license and has been re-employed.

She said the DWI arrest will remain on her criminal record for two years before being expunged — if no new charges are filed — because the county has reserved the right to press charges again if new evidence arises.

“(The dismissal) will be nice after the two year waiting period is up so I can have it expunged,” she said.

But in the meantime, because the county has reserved the right to refile, Bates said she will have to petition the state to get her license reinstated.

She said she plans to seek the filing of formal complaints against the officers involved in her case.

“Everyone needs to be held accountable for their actions,” she said, noting that she plans to also discuss civil litigation and file a lawsuit to the fullest extent possible.

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Photos


Grisly evidence, including hair, from an accident involving a Hunt Count deputy remains embedded in the shattered windshield of a county sheriff’s patrol car. While the hair belongs to former Deputy Wade Hammond, DPS has accused his ex-girlfriend, Tiffany Bates, of being the driver of the car. Daniel Walker/Herald-Banner Staff (Click for larger image)



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