Leslie Andrews Booker, a criminal defense lawyer from Austin, was gearing up for a murder trial when she got a jaw-dropping email from another attorney.
The email contained a year-old letter from the Travis County District Attorney’s office indicating that a key witness had lied, which was shocking because it’s common practice for prosecutors to share such critical info ahead of time.
“Prosecutors are supposed to disclose exculpatory evidence to everyone accused of a crime, especially in serious cases like murder,” said Andrews Booker in an interview with the American-Statesman.
As a former prosecutor herself, she believed she had solid grounds for her client’s acquittal. Earlier that day, an important witness revealed attempts to change her original testimony that had linked Booker’s client to the crime — the witness claimed her statement had been coerced but failed to do so successfully.
With this new evidence in hand, Andrews Booker was ready to push for the case’s dismissal.
Just hours ahead of the trial on Tuesday morning, she confronted the prosecutors in Travis County. Unfortunately for them, they decided to dismiss the charges against 26-year-old Dekatur Dalon Richey, identified as one of the suspects in a murder from 2023.
This timely decision meant significant consequences. The jury was already sworn in, which invokes double jeopardy, meaning Richey cannot be retried for murder or any related charges — a major loophole that could have had him facing life behind bars.
The fallout from this case illustrates ongoing concerns related to the Travis County District Attorney’s Office managed by DA José Garza.
Since Garza took office again earlier this year, he has been in the hot seat for mishandling cases, leading to the release of two murder defendants and procrastination in the judicial process for many others.
Recently, the 3rd Court of Appeals upheld a ruling for a new trial in a separate murder case after investigators failed to disclose essential details about the victim’s prior aggressive behavior.
Though the DA’s office minimized inquiries regarding Richey’s dismissal, spokesperson Ismael Martinez confirmed that a seasoned prosecutor had decided they couldn’t meet the burden of proof against Richey. “We support that decision,” he reassured.
The Incident in 2023
The events in question stemmed from the shooting death of 40-year-old Keith Bedford in September 2023, which occurred outside an apartment complex in Southeast Austin.
While Richey was never captured on surveillance footage at the crime scene, his co-defendant, 23-year-old Moses Mohinga, was caught on camera. Mohinga was convicted of murder in March and given a 65-year prison sentence.
To link Richey to the crime, prosecutors relied heavily on testimonies from witnesses and phone records, with one key witness identifying Richey’s number making calls to Bedford shortly before the incident.
Initially, this witness claimed Richey had divulged details about planning the murder to her. However, following his arrest, the witness’s lawyer, Angelica Cogliano, indicated her client wanted to revise her statement, yet they received no acknowledgment from the DA’s office.
Though Garza’s team attributed her hesitance to perceived threats from Richey, both Cogliano and Andrews Booker suggested it was actually third-party pressure that distorted her statements.
Leading up to the trial, the DA’s office frantically attempted to track down the witness. Nonetheless, they only managed to issue her a subpoena by August 1, which Cogliano stated was served incorrectly, allowing her to avoid pressing charges.
“It’s concerning that they delayed so long before reaching out to such a crucial witness,” Cogliano mentioned. “It places defense attorneys like us in a bind when we lack knowledge about what the prosecution intends to introduce during trial.”
Additionally, the witness herself was also hesitant to speak to prosecutors, fearing potential charges for misinformation.
Martinez, the DA’s representative, admitted the problems in serving the subpoena.
“We’re looking into those mistakes to make necessary adjustments moving forward,” he stated.
As the case echoed throughout the legal community, defense attorneys indicated there were murmurs of unreliability concerning another witness — an alert two prosecutors had even sent. However, Andrews Booker only discovered that information from the prior attorney’s email shortly before trial.
“That letter should have rung alarm bells,” Andrews Booker remarked, emphasizing it should have prompted a careful reevaluation of cases the witness was associated with.
Trial Commenced, Then Halted
By the start of Tuesday, they had picked a jury, even going as far as to request the judge to swear them in, thus locking Richey into double jeopardy protections. Andrews Booker pointed out that her client had been in custody for two years based on what she argued were “flimsy and dubious witnesses and evidence.”
Following this, the prosecution took a step back and decided to drop the case prior to the proceedings even starting.
Reaching out for a comment, Judge Brad Urrutia opted not to elaborate on his reasoning. Had Andrews Booker waited to unveil the letter during the trial, the same double jeopardy could have emerged in light of that evidence.
Even with the murder charge dismissed permanently, Richey remains incarcerated over unrelated felony charges related to aggravated assault with a deadly weapon and sexual assault.
This unraveling of the case may be a principal success for Richey and Andrews Booker, but she also recognized that it reflects deeper issues of mismangement in Garza’s office.
“I know that the system isn’t perfect, and things tend to slip through the cracks,” she acknowledged. “However, I sincerely hope this District Attorney’s office embraces its mission to evolve and take steps to rectify these issues.”
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