Last week, a Freestone County Jury sent the message that area residents will not tolerate the use of methamphetamines in the community, during the trial of The State of Texas vs. Joe Alfred Ortiz.

Ortiz, who was charged with Possession of a Controlled Substance, Penalty Group 1, Less Than 1 Gram, plead ‘not guilty’ and opted to have a jury trial.

The defense rested on the fact that due to lack of substantial evidence, Ortiz should be found innocent of the charge.

The outcome was not in his favor, as jurors unanimously found him guilty of said charge, following a day-long trial.

During this trial, the State, represented by District Attorney Brian Evans, presented four witnesses to testify. They included arresting officer Robert Willis, assisting officer Corey Price, evidence officer Monty Doty, and DPS Crime Lab Forensic Scientist Brian Kivlighn.

Defense attorney for Ortiz, Justin Reed, with his client’s consent, presented no witnesses.

Combined testimony presents the following details of the event leading to Ortiz’s arrest:

On October 28, 2016, Robert Willis, then an officer for Wortham PD, observed Ortiz in a red Ford pickup failing to maintain his lane on West Highway 27 in Wortham near 6th Street.

“My first thought when I saw the vehicle cross the center line was that the driver might be intoxicated,” explains Willis.

When Willis pulled him over, Ortiz exited his truck and began walking back toward the police vehicle, at which point Willis told him to stop and present his license and insurance. Ortiz responded by returning to the truck and proceeding to dig around in the front seat.

“I didn’t know what he was looking for,” says Willis, “so I drew my gun and told him to step away from the vehicle.”

When Willis could see that Ortiz had nothing in his hands, he holstered his gun and placed Ortiz into handcuffs.

It was at this point, according to Willis, that he spotted the stem of a glass pipe sticking out of a work glove in the passenger seat.

Wortham PD Officer Corey Price says that when he heard Willis’s call over the radio, it was full of static, so he set out to look for him. As he pulled up on the scene, he witnessed Willis with his gun drawn on Ortiz.

“I didn’t know what was going on,” explains Price. “I immediately jumped out of my vehicle and ran to assist. My first priority was Willis’s safety.”

Evidence entered by the State included a glass pipe with crystal like substance in the bowl and a DVD video from Officer Price’s dash cam with no audio.

Evidence Officer for Wortham PD, Monty Doty, testified that he has no known knowledge of evidence other than what is given to him in report form by an officer when it is entered into the evidence locker with accompanying items. Doty then delivers the evidence to the DPS Crime Lab in Waco and retrieves it once results are finalized.

Forensic Scientist Brian Kivlighn explained that he performed multiple tests on the crystal-like substance in the glass pipe and all results pointed to it being positive for methamphetamine.

The substance weighed 0.03 grams, which is less than one gram. Kivlighn also confirmed that methamphetamine is considered a controlled substance in penalty group 1 in the State of Texas.

“If it doesn’t fit, you must acquit. Just like in OJ’s case,” says Reed. “These testimonies are all well and good, but the problem is the complete lack of evidence. My goodness, it’s policing 101!”

He continues saying, “There was no dash cam in Officer Willis’s vehicle, and the one on Price’s was blocked by Willis’s vehicle. Plus there was no audio because Price forgot to put the microphone on when he exited his car.”

“To top that off, where is the work glove they claim the pipe was found tucked into? And why is there no photo of it? Even with lack of equipment, surely Willis could have taken a photo with his cell phone. This is sloppy, incompetent police work at best, by a Narcotics Investigator of 20-something years. There are just too many things that are not adding up,” Reed concludes.

After the jury gave its verdict, 77th District Court Judge Patrick Simmons explained that there will be a sentencing hearing on September 28, 2017 following a pre-sentence investigation.

The pre-sentence investigation includes any and all criminal background information being gathered. This information and possible witnesses will be presented before the judge during the Sentencing Hearing.

Possible punishment could include probation or six months to two years in state jail. The outcome is up to the judge’s discretion.