Second Harris County judge denies bail in murder case after new law is in effect

(The Center Square) – A second judge in Harris County has denied bail in another murder case after a new bail reform law went into effect this year.

Judge Emily Muñoz Detoto of the 177th Criminal Court on Wednesday granted a request made by the Harris County District Attorney’s office to deny bail to a high school student charged with murder.

Aundre Matthews, 18, is charged in the Dec. 17 strangulation and stabbing death of a fellow high school student, 16-year-old Andrew Meismer, in a Ross S. Sterling High School classroom. The high school is located in Baytown outside of Houston in Goose Creek CISD.

The district has referred to the incident as an “altercation with another student,” stating a student was “seriously injured during an altercation” who later “passed away.” On Dec. 19, Goose Creek ISD police officers arrested Matthews, charging him with murder. He is being held in the Harris County Jail and the Harris County District Attorney’s Office is prosecuting the case.

The Democratic-led DA’s office for the second time in a month has now requested a judge to deny bail in a new 11D hearing process. The process was created to allow prosecutors to request bail be denied in certain violent crimes cases.

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The new process is an outworking of bail reform legislation Gov. Greg Abbott signed into law last June, and a constitutional amendment 61% of voters passed on Nov. 4.

Judge Michele Oncken, presiding over the 338th District Court in Harris County, was the first judge in Texas to deny bail under the new process. In the first 11D hearing in Harris County, the DA’s office requested bail be denied to an illegal foreign national in a murder trial, The Center Square reported.

Harris County District Attorney Sean Teare told reporters after Wednesday’s hearing that the new law gave judges a new tool to “ensure that people that shouldn’t be out get to stay in jail” pending trial.

“This was a particularly brutal murder,” he added. “The defendant’s behavior, both immediately after and in the months and years leading up to it, indicate that this individual is someone that we are concerned about further escalation and further harm to the community.”

Teare said Matthews’ disciplinary records were “voluminous,” indicating “an escalating pattern.” However, no previous charges had been filed against him. His record includes having previously brought a kitchen knife to school, according to evidence presented to the court.

After the murder, several students staged protests and created a Baytown Student Safety Coalition, arguing, “Goose Creek doesn’t care about its students,” demanding reforms. Students and parents are demanding the district separate students with repeat offenses from the student body, strengthen communication protocols with teachers and parents during emergencies and that state and federal action be taken to ensure safety measures are implemented at public schools, The Baytown Sun reported.

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Several parents have argued Meismer would be alive if the district had implemented disciplinary policies. They also raised concerns about the school not shutting down and instructing students to continue taking their finals, Ch. 2 NBC News reported. The district closed the school the next day and offered counseling services, it said.

In response, state Rep. Briscoe Cain, R-Deer Park, who represents Baytown, said, “Under Texas law, the Texas Education Agency (TEA) cannot interfere with an active criminal investigation. By statute, the agency will conduct its own review of the district’s procedures – including threat assessments and adherence to safety protocols – once the criminal matter concludes.”

Judge Detoto heard testimony from Goose Creek CISD criminal investigator Cory Scott, who described “copious amounts of blood” in the classroom and blood spatter on the wall. He also described the chain of events leading up to the stabbing, describing his interview with a teacher, not CISD police, being forced to release Meismer from Mathews’ chokehold and other eyewitness testimony from students.

Matthews’ attorney claimed part of his defense was that he was a special education student.

Cain pointed to another new law already in effect, HB 6, which “empowers educators to immediately remove disruptive or dangerous students from the classroom and appeal any return if needed. The post-incident reviews will appropriately examine whether all available tools, policies, and procedures were effectively implemented to protect students and staff.”

Extending thoughts and prayers to Meisner’s family, Cain said, “No school should ever experience such a heartbreaking loss, and the safety of our students and educators must remain our highest priority. … Our teachers and students deserve classrooms that are safe and conducive to learning, free from violence and fear. As one of the legislators for this district, I will closely monitor developments and support all efforts to ensure accountability, transparency, and enhanced safety measures on our campuses.”

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