A West Texas journalist claims deputies tackled, handcuffed and cited him while covering a public meeting, raising constitutional concerns.
JEFF DAVIS COUNTY, Texas — A public meeting in West Texas turned contentious after a journalist said he was tackled, handcuffed and cited by deputies while covering a Commissioners Court meeting.
David Flash, a reporter and publisher for the Big Bend Times, said he was livestreaming the June 27 meeting when he was physically removed by law enforcement. His attorney, Shane O’Neal, claims the incident was a violation of Flash’s First and Fourth Amendment rights.
“What David captures on video from at least my perspective is that he was recording the Commissioners Court meeting,” O’Neal said. “He was permitted to do that.”
O’Neal said Flash briefly stepped out of the meeting, then returned and resumed recording. The situation escalated when Flash attempted to photograph a deputy from what O’Neal described as a fair distance. A deputy then approached Flash and physically restrained him.
“The citation they gave him was for disorderly conduct,” O’Neal said. “But what’s interesting about the citation is that it doesn’t cite a legal code. There are about 11 different ways you can violate disorderly conduct under Texas law, and this citation doesn’t specify any of them.”
The attorney added that the charge and the use of force raise constitutional concerns. He pointed to both First Amendment protections for the press and Fourth Amendment protections against unlawful search and seizure.
“That’s the reason you’re allowed to do that — because the First Amendment ensures the freedom of the press,” O’Neal said. “You also have a Fourth Amendment right to be free from unreasonable searches and seizures.”
O’Neal also said Flash was left with visible injuries and received medical treatment after the encounter.
“The officers’ forcible grabbing of David’s arm — which left fingernail imprints and other injuries — would be considered an unreasonable use of force under the Fourth Amendment,” O’Neal said.
Jeff Davis County Judge Curtis Evans, who was present during the meeting, defended the actions taken.
“His agenda is to be disruptive in court,” Evans said. “He thinks the rules do not apply to him. We do have court decorum in Jeff Davis County that has been adopted by our Commissioners Court, and he was violating it.”
This is not the only interaction between Flash and Jeff Davis County officials. In a separate case, Flash faces a harassment charge after allegedly refusing to turn off his camera while reporting in the office of Justice of the Peace Judge Mary Ann Luedecke.
Flash has since filed legal complaints and plans to pursue civil action. A GoFundMe legal defense fund is active online.
“I think the videos speak for themselves,” O’Neal said. “They show that, in this instance, law enforcement and county officials overstepped. What happened here is unfortunate — and hopefully this doesn’t result in additional criminal charges.”
NewsWest 9 has reached out to the Jeff Davis County Commissioners and the Sheriff’s Office for comment. As of press time, no response has been received.