Charge lessened for man accused of assaulting Bexar County judge over face mask

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BEXAR COUNTY, Texas (KXAN) — Bexar County deputies say a man has turned himself in after they say he assaulted the county judge during an argument about masks.

On Thursday at 7 a.m., 47-year-old Terry Toller turned himself in on a charge of assault on a public servant, which is a second-degree felony charge. However, the judge he’s accused of assaulting, Nelson Wolff, requested that the Bexar County District Attorney’s Office reject the charge at magistration, according to District Attorney Joe Gonzales. Instead, Toller faces a citation for disorderly contact for using profanity in public, which is a Class C Misdemeanor and could result in a fine of up to $500.

The Bexar County Sheriff’s Office says Wolff was in the checkout line at a Lowe’s on Wednesday.

A customer behind him wasn’t wearing a mask, which is now required by the judge’s order.

At one point the cashier asked the customer to put on a mask, which upset the man.

San Antonio Express-News reports the judge tried to hand the man his business card to chat more about the order, but the man smacked it out of the judge’s hand.

“Soon thereafter, Judge Wolff was actually able to call me on the phone and put me on speaker phone. And I could hear this suspect berating the judge,” said Bexar County Sheriff Javier Salazar. “He knew exactly who he was. Knew exactly who he was dealing with and he knew he was in violation of the judge’s order.”

D.A. Gonzales couldn’t comment on the pending case, but did release a statement about Bexar County’s Order NW-10, which requires businesses to develop a policy for employees and customers to wear face coverings.

“Wearing a face covering is a sign of respect to the people around you. While this issue has become divisive and political, it is my hope that everyone will follow the order voluntarily,” Gonzales wrote.

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