SAN MARCOS, Texas (KXAN) - A state district judge in Hays County declined to order a blood draw for a friend who caused a wreck on the Friday night of Labor Day weekend, the San Marcos police chief said.
Chief Howard Williams said Kyle Maysel, 55, was involved in a crash around 9 p.m. Aug. 30 when Maysel's car struck another vehicle while Maysel was backing out of a parking place on the San Marcos town square.
San Marcos had just launched its first no-refusal holiday weekend, meaning that authorities could order a blood draw for a motorist police believed may have been drinking.
Judge William Henry of the 428th District Court was the judge signing warrants that night. He also knows Maysel.
"The very first case we had was someone who's an associate of the judge--a friend of the judge," said Chief Williams, "So, when we brought the probable cause affidavit to Judge Henry, he recused himself from considering the affidavit. That's a tenant of the code of judicial ethics. You can't be involved if it involves friends, family, business partners, associates."
Williams said there was a "process problem" in the case from that Friday because only one judge -- Henry -- was assigned to sign warrants to allow someone's blood to be drawn. Because Henry and Maysel are friends, the judge cited a conflict of interest and declined to issue the order.
"There was nowhere to take it. There was no second judge that we could go to. There was simply no one available. Judge Henry was going to be it," Chief Williams said, "The issue is with the process we set up, that has kind of glaring hole that we frankly did not consider when we set up the program to start doing the no refusal weekends."
Without an order, no arrest was made.
According to the crash report, the officer who responded said the wreck was caused by Maysel for "backing when unsafe."
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