Former Game Warden Indicted

LIBERTY, April 11, 2012 - In an indictment that only became a public document midmorning today available through the Liberty County District Clerk’s Office, a Liberty County Grand Jury has indicted Daniel “Danny” Diaz charging him with Official Oppression.

The indictment states, “… On or about the 13th day of November, 2011, in the County of Liberty and State of Texas, an anterior to the presentment of this indictment, Daniel Diaz did then and there intentionally subject James David McCormick to detention that the defendant knew was unlawful, and the defendant was then and there acting under color of his employment as a public servant, namely, Game Warden, against the peace and dignity of the State.”

According to the Texas Penal Code Official Oppression is defined as:

§ 39.03. OFFICIAL OPPRESSION. (a) A public servant
acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual
harassment.

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor.

According to sources Diaz has recently retired from the Texas Parks and Wildlife Department.

According to sources the case will be assigned to a District Court in Liberty County.

According to public documents Diaz turned himself in to the Liberty County Sheriff’s Department on Thursday, April 5, 2012 and was arrested and processed at the Sheriff’s Department.

Danny Diaz’s wife is Darla Diaz who is seeking the office of Justice of the Peace Precint 1 in the Republican Primary scheduled for May 29, 2012.

 

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