A Harris County judge on Wednesday refused to throw out assault charges against former Houston police captain Mark Aguirre, keeping alive a high-profile criminal case that grew out of baseless election-fraud claims during the 2020 cycle. Aguirre remains charged with aggravated assault with a deadly weapon and unlawful restraint, and no trial date has been set.
Judge rejects bid to dismiss charges
After a two-hour hearing, Harris County District Judge Emily Detoto turned down defense arguments that prosecutors committed misconduct and mishandled discovery, leaving the felony counts intact, according to the Houston Chronicle. The ruling keeps Aguirre’s case very much alive while the two sides continue to tussle over what evidence will ultimately reach a jury.
What prosecutors say happened in 2020
Prosecutors allege that in October 2020, in southwest Houston, Aguirre rammed an SUV into a repairman’s van, forced the driver, identified as David Lopez, out of the vehicle and held him at gunpoint. Aguirre claimed the truck was hauling illegal ballots. Investigators instead reported finding only tools and air-conditioning parts, according to ABC13. The confrontation was linked to a privately run election-fraud probe backed by conservative activists who insisted there was widespread ballot fraud.
Discovery fight centers on cellphone records
Defense attorney Terry Yates argued that prosecutors violated a 2020 privacy agreement by accessing phone data and then failing to turn over related documents. Prosecutor Warren Diepraam acknowledged that he reviewed material from a cellphone and said he had not known about the prior agreement, the Houston Chronicle reports. As a proposed fix, prosecutors offered to simply avoid using the contested phone evidence, but Detoto declined to go as far as the defense wanted and refused to dismiss the case.
How changes at the DA's office reshaped the case
The contours of the prosecution shifted after Harris County District Attorney Sean Teare took office. Teare ordered that many charges against GOP activist Steven Hotze, along with added conspiracy and hate-crime counts, be dropped, saying some charges should not have been filed in the first place, according to the AP. Teare said the conspiracy and hate-crime counts lacked sufficient evidence, and his office has since taken a narrower approach to what remains of the case.
Next steps
With the judge declining to dismiss the charges, Aguirre stays under indictment while his attorneys explore more pretrial challenges or possible appeals. Prosecutors told the court they intend to move forward using only evidence they believe they can safely rely on, while the defense signaled it will keep pressing its complaints over how discovery has been handled.
