Travis County DA Drops All Charges Against Rep. Dawnna Dukes

AUSTIN, TX — Travis County prosecutors said Monday they have dropped all remaining felony charges against State Rep. Dawnna Dukes of Austin who had been the subject of misusing campaign funds and other improprieties.

The Travis County District Attorney's office launched a criminal investigation into the longtime congresswoman largely based on a series of reports by the Austin American-Statesman centered on what the newspaper deemed questionable spending and practices — text messages allegedly arranging use of state funds to pay a staffer to run errands, an especially active social calendar, absence from the 2015 legislative session due to health problems, failure to turn over a cellphone to investigators, an expenditure of more than $50,000 for the services of an online psychic.

Despite such detailed accusations, prosecutors ultimately opted not to pursue their lawsuit against her. Instead, prosecutors dropped all charges on Monday while predicating their decision on conflicting statements related to per-diem expenses at the state House.

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On her Facebook page, Dukes expressed joy about the dismissal of the case against her while thanking those who supported her along the way.

"I'm very happy to share that ALL charges have been dismissed for lack of evidence in the interest of justice without prejudice," She wrote. "It has been a long battle, but one in which I never doubted the outcome. To God who sits in judgment of all, I give the glory. I am equally grateful to have to loving and supportive family who shared the burden and walk with me these past 19 months. Thank you to my friends and all of my loyal supporters who stood by me throughout this arduous process."

In a lengthy prepared statement, Travis County DA Margaret Moore said her case collapsed after conflicting statements made by a top Texas House official. That officials initially told prosecutors that travel to the Capitol was required before securing per-diem payment only to recant that position in a statement to Duke's attorneys.

In addition to dropping the felony charges, Moore said misdemeanor charges also have been dropped based on an agreement between the congresswoman and the state involving repayment: "The state has moved to dismiss because Rep. Dukes has made restitution to the State of Texas in the amount of $1,340 for the salary paid to her legislative staffer to reimburse that staffer for transporting Rep. Dukes' daughter," Moore wrote in her statement. "Additionally, Rep. dukes has paid $500 for an outstanding fine owed to the Texas Ethics Commission, and she has restored $5,230.74 to her campaign account for her conversion of campaign funds to personal use."

Dukes' Houston-based attorney, Dane Ball, told Patch in a telephone interview that the outcome of the case came as no surprise, although he was gratified at the aftermath. Ball has represented Dukes in the investigation as of early 2017, the attorney said.

"Obviously, we are happy for the dismissal, but it was the only reasonable decision for the DA to make," Ball told Patch. "In our view, this case could've ended in one of two ways: Dismissal or three acquittals. We're glad the state has saved us the time and effort, but we're not surprised by the outcome today."

Asked if Dukes might pursue legal action given the perceived damage to her reputation given the DA's case, Ball said that would be a decision for her alone to take given that his legal representation included only the criminal investigation: "Our job was to handle her criminal case, and our job is done," Ball said. "I don't know what Dawnna's plans are for the future, but I sure wish her the best of luck in whatever she decides."

Dukes was indicted by a Travis County grand jury on Jan. 17 on 13 counts of felonious tampering with a government record. She was accused of providing false information on vouchers presented by her to the House Business Office (HBO) to receive an interim per diem reimbursement made available to members.

As a basis for presenting the case, prosecutors and investigators from the state auditor's office and the Texas Rangers Public Integrity Unit relied on the written rules and interviews with the executive director of the HBO conducted during the initial phases of the investigation begun February 2016, Moore explained.

"It was our belief that in order for a member to receive the reimbursement, he or she had to travel to Austin to conduct legislative business in his or her office at the State Capitol," Moore said. "Rep. Dukes filed vouchers stating that she was entitled to the per diem reimbursements because she had traveled to the Capitol to conduct legislative business; however, evidence acquired during the investigation demonstrates that on a number of the days claimed, she had not, in fact, traveled to the Capitol."

But in preparing for trial, the DA's office then discovered the executive director had given a statement of Dukes attorneys that was materially different from the previously supplied information, Moore said. This discovery was made after the indictment was returned, she noted.

"Because the HBO [House Business Office] did not enforce the House rule requiring travel to the Capitol, and because of the lack of House policies regarding the type of activities that would qualify as legislative business, we cannot demonstrate that Rep. Dukes received the payments because of her false statements."

The decision not to pursue charges, Moore noted, was shared by other investigators.

"This office, the Texas Rangers, and the state auditor agree that, had we known the actual practice of the House Business Office, the investigation would have been closed without filing charges," she said. "In deciding how to resolve the two misdemeanors, I have taken into account the fact that the felony charges should not have been pursued."

In her social media post, Dukes thanked Ball and her other attorneys — "gladiators in suits" as she nicknamed them — for having vindicated her.

"I was blessed to have wise counsel from a dynamic legal team whom I affectionately refer to as 'Gladiators in Suits, ' Dukes wrote. "The gladiators are Shaun Clarke and Dane Ball from SKV Law in Houston and Matt Shrum from The Shrum Law Office in Austin. As well I am grateful to have been fully exonerated and appreciative that the District Attorney and Judge Brad Urrita agreed that I was innocent (as I had proclaimed all along)."

She vowed to continue representing her district despite her ongoing recovery from injuries suffered in a car wreck: "I am looking forward to continuing to represent the 46th District. After years of treatment and therapy for spinal injuries suffered in an auto accident, I am grateful to be in better health and I'm very much looking forward to interim committee assignments and my reelection in March with you continued support."

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