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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SONDREA MILLER, individually and as § 

independent administrator of, and on § 

behalf of the ESTATE OF JAVONTE § 

LAKENDRICK MYERS, and JAVONTE § 

LAKENDRICK MYERS’s heir(s)-at-law, § 

§ 

Plaintiff, § 

 § 

v. § CIVIL ACTION NO. 3:22-cv-00943-X 

 § 

TARRANT COUNTY, TEXAS; ERIC L. § 

GAY; and DARIEN A. KIRK, § 

§ 

Defendants. § 

TARRANT COUNTY’S ORIGINAL ANSWER

TO THE HONORABLE UNITED STATES DISTRICT JUDGE: 

COMES NOW, TARRANT COUNTY, TEXAS (“Defendant”), in the above-styled and 

numbered cause and, subject to its pending motion to dismiss and motion to transfer venue, files 

its Answer to Plaintiff’s Original Complaint (the “Complaint”), and would state as follows:

1. Defendant is not required to admit or deny the statements made in the paragraph 

under the title on page 1 of the Complaint, but to the extent required, Defendant denies the 

allegations contained in these statements.

2. Defendant admits that court records in Cause No. 2021-PO02413-1 support the 

allegations contained in paragraph 1 of the Complaint, but Defendant is otherwise without 

sufficient information or knowledge to admit the remaining allegations contained in this paragraph. 

3. Defendant admits that Tarrant County is a Texas county and that the Honorable B. 

Glen Whitley is the County Judge. To the extent required, Defendant denies the remaining 

allegations contained in paragraph 2 of the Complaint. 

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4. Defendant admits that Defendant Erik Gay was a Tarrant County employee and that 

Plaintiff has stated Gay’s address. To the extent required, Defendant denies the remaining 

allegations contained in paragraph 3 of the Complaint.

5. Defendant admits that Defendant Darien A. Kirk was a Tarrant County employee 

and that Plaintiff has stated Kirk’s address. To the extent required, Defendant denies the remaining 

allegations contained in paragraph 4 of the Complaint.

6. Defendant admits the jurisdictional allegations contained in paragraph 5 of the 

Complaint. Defendant admits the last sentence of this paragraph. Defendant admits that while 

venue is proper in the Northern District of Texas, Defendant asserts that venue should be 

transferred to the Fort Worth Division and has filed a motion for an interdivisional transfer.

7. Defendant is not required to admit or deny the statements made in paragraph 6 of 

the Complaint, but to the extent required, Defendant denies the allegations contained in this 

paragraph.

8. Defendant admits the allegations in the first sentence of paragraph 7 of the 

Complaint. Defendant denies the remainder of the allegations in this paragraph.

9. Defendant denies the allegations in paragraph 8 of the Complaint.

10. Regarding the allegations in paragraph 9 of the Complaint, Defendant admits that 

a screening officer filled out the Screening Form for Suicide and Medical/Mental/Developmental 

Impairments, which reflects Myers’s answers to specific questions on that screening form. To the 

extent the allegations in paragraph 9 discuss the alleged legal duties of Tarrant County, Defendant 

is not required to admit or deny purported conclusions of law. Defendant otherwise denies the 

allegations in paragraph 9 of the Complaint.

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11. Regarding the allegations in paragraphs 10-56 of the Complaint, Defendant admits 

that Texas Ranger Trace McDonald interviewed Robert Esparza, Erik Gay, Darien Kirk, and Troy 

Schuppert (who were employed in the Tarrant County Jail). However, Defendant denies that the

complete and specific contents of those recorded interviews are fully or accurately reflected in 

paragraphs 10-56, which are not transcriptions of the recordings. Defendant admits that the 

complete and specific contents of those recorded interviews can best be determined by listening to 

those recordings. Defendant otherwise denies the allegations contained in paragraphs 10-56.

12. Regarding the allegations in paragraph 57, Defendant admits that Det. Kline’s 

6/19/2020 Reporting Officer Narrative reflects the allegations stated in paragraph 57 of the 

Complaint (with the exception of the last sentence in paragraph 57). Defendant denies the last 

sentence in paragraph 57 of the Complaint.

13. Regarding the allegations in paragraph 58, Defendant admits that Sergeant J. 

Casas’s June 19, 2020 memo to Captain Leggett reflects the chronology of events stated in 

paragraph 58. Defendant otherwise denies the allegations in this paragraph

14. Defendant is without sufficient information or knowledge to admit the material 

allegations contained in paragraphs 59-60 of the Complaint.

15. Defendant admits the allegations in the 1st, 2nd, 3rd, 5th, and 7th sentences in 

paragraph 61 of the Complaint. Defendant denies the remaining allegations in this paragraph.

16. Defendant admits the allegations in the 1st and 2nd sentences in paragraph 62 of 

the Complaint. Defendant denies the remaining allegations in this paragraph.

17. Defendant admits the allegations in paragraph 63 of the Complaint that the 

custodial death report noted that the ME had determined seizure disorder as the medical cause of 

death, that Myers had been arrested for criminal trespass, and that Myers exhibited mental health 

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problems. Defendant further admits that the six sentences quoted at the end of paragraph 63 are 

contained in the custodial death report. Defendant otherwise denies the allegations in this 

paragraph.

18. Defendant admits the allegations in the 1st sentence in paragraph 64 of the 

Complaint. Defendant is without sufficient information or knowledge to admit the remaining

allegations contained in paragraph 64 of the Complaint.

19. Defendant admits the allegations in paragraph 65 of the Complaint. 

20. Defendant admits that the allegations in paragraphs 66-67 of the Complaint are 

contained in Ranger McDonald’s 7/29/2020 Supplemental Report.

21. Regarding the allegations in paragraph 68 of the Complaint, Defendant admits that 

Ranger McDonald’s 7/29/2020 Supplemental Report states that he compared video to electronic 

entries. Defendant denies the remaining allegations in this paragraph.

22. Defendant is without sufficient information or knowledge to admit the allegations 

contained in paragraph 69 of the Complaint.

23. Regarding the allegations in paragraph 70 of the Complaint, Defendant is not 

required to admit or deny purported conclusions of law. Defendant denies the factual allegations 

in this paragraph.

24. Defendant denies the allegations in paragraph 71 of the Complaint.

25. Defendant denies the allegations in paragraph 72 of the Complaint.

26. Regarding the allegations in paragraph 73 of the Complaint, Defendant is not 

required to admit or deny purported conclusions of law. Defendant admits that it had policies 

regarding face-to-face observations that were approved by the Texas Commission on Jail 

Standards. Defendant otherwise denies the factual allegations in this paragraph.

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27. Defendant denies the allegations in paragraph 74 of the Complaint.

28. Defendant denies the allegations in paragraph 75 of the Complaint.

29. Defendant denies the allegations in paragraph 76 of the Complaint.

30. Defendant denies the allegations in paragraph 77 of the Complaint.

31. Defendant denies the allegations in paragraph 78 of the Complaint.

32. Defendant denies the allegations in paragraph 79 of the Complaint.

33. Defendant denies the allegations in paragraph 80 of the Complaint.

34. Regarding the allegations in paragraph 81 of the Complaint, Defendant admits that 

the TJCS conducted an annual inspection of the Tarrant County Jail in 2014 and issued a Certificate 

of Compliance. Defendant further admits that any issues identified by the inspector would be 

included in the TCJS reports/records, which is the best evidence of what such reports/records state. 

Defendant otherwise denies the allegations in paragraph 81 of the Complaint.

35. Regarding the allegations in paragraphs 82-83 of the Complaint, Defendant admits 

that the TJCS conducted an annual inspection of the Tarrant County Jail in 2015 and issued a 

Certificate of Compliance. Defendant further admits that any issues identified by the inspector 

would be included in the TCJS reports/records, which is the best evidence of what such 

reports/records state. Defendant otherwise denies the allegations in paragraphs 82-83 of the 

Complaint.

36. Regarding the allegations in paragraph 84 of the Complaint, Defendant admits that 

the TJCS conducted an annual inspection of the Tarrant County Jail in 2016 and issued a Certificate 

of Compliance. Defendant further admits that any issues identified by the inspector would be 

included in the TCJS reports/records, which is the best evidence of what such reports/records state. 

Defendant otherwise denies the allegations in paragraph 84 of the Complaint.

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37. Regarding the allegations in paragraph 85 of the Complaint, Defendant admits that 

the TJCS conducted an annual inspection of the Tarrant County Jail in 2017 and issued a Certificate 

of Compliance. Defendant further admits that any issues identified by the inspector would be 

included in the TCJS reports/records, which is the best evidence of what such reports/records state. 

Defendant otherwise denies the allegations in paragraph 85 of the Complaint.

38. Regarding the allegations in paragraph 86 of the Complaint, Defendant admits that 

the TJCS conducted an annual inspection of the Tarrant County Jail in 2019 and issued a Certificate 

of Compliance. Defendant further admits that any issues identified by the inspector would be

included in the TCJS reports/records, which is the best evidence of what such reports/records state. 

Defendant otherwise denies the allegations in paragraph 86 of the Complaint.

39. Regarding the allegations in paragraph 87 of the Complaint, Defendant admits that 

the TJCS conducted an annual inspection of the Tarrant County Jail in 2020 and issued a Certificate 

of Compliance. Defendant further admits that any issues identified by the inspector would be 

included in the TCJS reports/records, which is the best evidence of what such reports/records state. 

Defendant otherwise denies the allegations in paragraph 87 of the Complaint.

40. Regarding the allegations in paragraphs 88-89 of the Complaint, Defendant admits 

that the TCJS inspected the Tarrant County Jail following Dean Stewart’s death and provided the 

County a Notice of Non-Compliance on May 21, 2020. In response, the Tarrant County Sheriff’s 

Office submitted a Corrective Action Plan. On May 27, 2020, the TCJS reinspected and 

determined that there were no deficiencies noted and that a certificate of Compliance could be 

issued. Defendant otherwise denies the remaining allegations in paragraphs 88-89 of the 

Complaint.

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41. Defendant is without sufficient information or knowledge to admit the remaining 

allegations contained in paragraph 90 of the Complaint.

42. Regarding the allegations in paragraphs 91-92 of the Complaint, Defendant admits 

that the TCJS conducted an annual inspection between March 8-12, 2021 and issued a report noting 

certain deficiencies. TCJC eventually issued a Certificate of Compliance. Defendant refers to the 

contents of TCJS’s report and records, which would accurately set forth what TCJS stated. 

Defendant otherwise denies the remainder of the allegations contained in paragraphs 91 and 92 of 

the Complaint. 

43. Defendant denies the first sentence in paragraph 93 of the Complaint. Defendant is 

without sufficient information or knowledge to admit the remaining allegations contained in 

paragraph 93 of the Complaint.

44. Defendant admits that the allegations in paragraph 94 of the Complaint concerning 

James Hemphill are contained in a 1/12/2011 Autopsy Report, a related Tarrant County Medical 

Examiner’s Investigator’s Report, and in TCSO investigative reports for Case # 2011-00478; 

although, Defendant refers to those reports as the best evidence of what is stated therein.

45. Defendant admits that the affirmative allegations in paragraph 95 of the Complaint 

concerning the June 1, 2011 death of Kaleb Fitzgerald are contained in a 6/16/2011 Custodial 

Death Report; although, Defendant refers to that report as the best evidence of what is stated 

therein.

46. Defendant admits that the allegations in paragraph 96 of the Complaint concerning 

Mike Martinez are contained in a Tarrant County Medical Examiner’s Investigator’s Report dated 

July 16, 2011; although, Defendant refers to that report as the best evidence of what is stated 

therein.

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47. Defendant admits that Case No. 4:14-cv-200-A was brought on behalf of the Estate 

of Johnathan Holden making the allegations contained in paragraph 97 of the Complaint (see ECF 

No. 25 in that case). Defendant incorporates by reference the admissions and denials in ECF No. 

27 in that case, which was Tarrant County’s Amended Answer to Plaintiff’s Second Amended 

Complaint and Petition for Declaratory Judgement.

48. Regarding the allegations in paragraph 98 of the Complaint, Defendant admits that 

a 7/27/2012 Custodial Death Report concerns the June 24, 2012 death of Irvin Dorsey and is the 

best evidence of what the report does/does not state. Defendant otherwise denies the allegations in 

this paragraph.

49. Defendant admits that the allegations in paragraph 99 of the Complaint are 

contained in a July 5, 2013 Custodial Death Report concerning Bernard Eaglin.

50. Defendant admits that the allegations in paragraph 100 of the Complaint are 

contained in a July 10, 2013 Custodial Death Report concerning Eduardo Salazar.

51. Regarding the allegations in paragraph 101 of the Complaint, Defendant admits that 

a 1/10/2014 Custodial Death Report concerns the 12/12/2013 death of Robert Simmons and is the 

best evidence of what the report does/does not state. Defendant otherwise denies the allegations in 

this paragraph.

52. Regarding the allegations in paragraph 102 of the Complaint, Defendant admits that 

a 10/10/2014 Custodial Death Report concerns the 9/12/2014 death of William Diener III and is 

the best evidence of what the report does/does not state. Defendant otherwise denies the allegations 

in this paragraph.

53. Regarding the allegations in paragraph 103 of the Complaint, Defendant admits that 

a 12/4/2014 Custodial Death Report concerns the 11/9/2014 death of Nathan Crawford and is the 

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best evidence of what the report does/does not state. Defendant otherwise denies the allegations in 

this paragraph.

54. Regarding the allegations in paragraph 104 of the Complaint, Defendant admits that 

a 4/10/2015 Custodial Death Report concerns the 3/11/2015 death of Larry Crowley and is the best 

evidence of what the report does/does not state. Defendant otherwise denies the allegations in this 

paragraph.

55. Defendant admits that the allegations in paragraph 105 of the Complaint are 

contained in a May 11, 2015 Custodial Death Report concerning Joseph Wilson.

56. Regarding the allegations in paragraph 106 of the Complaint, Defendant admits that 

a 7/1/2015 Custodial Death Report concerns the June 7, 2015 death of John Polk II and is the best 

evidence of what the report does/does not state. Defendant otherwise denies the allegations in this 

paragraph.

57. Regarding the allegations in paragraph 107 of the Complaint, Defendant admits that 

the Tarrant County Medical Examiner’s Autopsy Report concerning Krisha Blackwell determined 

her cause of death as sudden death associated with seizure disorder. Defendant also admits that the 

allegations in the 1st, 2nd, 3rd, first half of 4th, 5th, and first half of 6th sentences in this paragraph 

are contained in the TCSO’s 9/23/2015 Incident/Investigation Report. Defendant otherwise denies 

the allegations in this paragraph.

58. Regarding the allegations in paragraph 108 of the Complaint, Defendant admits that 

the Tarrant County Medical Examiner’s Autopsy Report concerning Lupita Hernandez determined 

her cause of death as “I. Type 1 Diabetes Mellitus with Renal Failure and Congestive Heart Failure 

II. Seizure Disorder.” Defendant otherwise denies the allegations in this paragraph.

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59. Regarding the allegations in paragraph 109 of the Complaint, Defendant admits that 

a 12/9/2015 Custodial Death Report concerns the 11/8/2015 death of Andrew Canfield and is the 

best evidence of what the report does/does not state. Defendant otherwise denies the allegations in 

this paragraph.

60. Regarding the allegations in paragraph 110 of the Complaint, Defendant admits that 

Billy Freeland booked into the Tarrant County Jail on October 18, 2017 and was immediately 

placed under an alcohol-withdrawal protocol. Defendant admits that Freeland died on November 

4, 2017. Defendant otherwise denies the remaining allegations in this paragraph.

61. Regarding the allegations in paragraph 111 of the Complaint, Defendant admits that 

a 3/16/2018 Custodial Death Report concerns the 2/9/2018 death of Robert Renfrow and is the 

best evidence of what the report does/does not state. Defendant otherwise denies the allegations in 

this paragraph.

62. Defendant admits the allegations in the first sentence of paragraph 112 of the 

Complaint, but Defendant otherwise denies the allegations in this paragraph.

63. Defendant admits the allegations in the first half of the first sentence and the second 

sentence in paragraph 113 of the Complaint. Defendant otherwise denies the allegations in this 

paragraph.

64. Regarding the allegations in paragraph 114 of the Complaint, Defendant admits the 

allegations in the last sentence that the TCME determined that Derick Wynn died of a mixed drug 

intoxication (methamphetamine and cocaine). Defendant also admits that the other allegations in 

this paragraph are contained in the summary in a 9/25/2019 Custodial Death Report, which is the 

best evidence of what the report does/does not state. 

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65. Regarding the allegations in paragraph 115 of the Complaint, Defendant admits that 

a 9/25/2019 Custodial Death Report concerns the 7/26/2019 death of Southany Khiengsombath 

and is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

66. Defendant admits that the allegations in paragraph 116 of the Complaint are 

contained in a 9/25/2019 Custodial Death Report concerning Robert Miller.

67. Regarding the allegations in paragraph 117 of the Complaint, Defendant admits that 

a 9/25/2019 Custodial Death Report concerns the 8/31/2019 death of Jackson Murphy and is the 

best evidence of what the report does/does not state. Defendant otherwise denies the allegations in 

this paragraph.

68. Regarding the allegations in paragraph 118 of the Complaint, Defendant admits that 

a 6/11/2020 Custodial Death Report concerns the 2/26/2020 death of Ricky Farmer and is the best 

evidence of what the report does/does not state. Defendant otherwise denies the allegations in this 

paragraph.

69. Regarding the allegations in paragraphs 119-120 of the Complaint, Defendant 

admits the allegation that Dean Stewart booked into the Tarrant County Jail on April 6, 2020. 

Defendant admits the allegation that Stewart was eventually housed in a single cell for his 

protection. Defendant admits the allegation in the second sentence of paragraph 119. Defendant 

otherwise denies the allegations in paragraphs 119-120 of the Complaint. 

70. Regarding the allegations in paragraph 121 of the Complaint, Defendant admits that 

Chasity Congious has filed a lawsuit concerning the delivery and death of her baby; however, 

Defendant otherwise denies the allegations in this paragraph.

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71. Regarding the allegations in paragraph 122 of the Complaint, Defendant admits that 

a 1/8/2021 Custodial Death Report (amended) concerns the 6/24/2020 death of Jason Martin and 

is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

72. Regarding the allegations in paragraph 123 of the Complaint, Defendant admits that 

a 1/8/2021 Custodial Death Report (Amended) concerns the 6/25/2020 death of Abdullahi 

Mohamed and is the best evidence of what the report does/does not state. Defendant otherwise 

denies the allegations in this paragraph.

73. Regarding the allegations in paragraph 124 of the Complaint, Defendant admits that 

a 4/21/2021 Custodial Death Report (Amended) concerns the 9/9/2020 death of Dalanna Price and 

is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

74. Regarding the allegations in paragraph 125 of the Complaint, Defendant admits that 

a 4/21/2021 Custodial Death Report (amended) concerns the 9/14/2020 death of Andre Wilson 

and is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

75. Regarding the allegations in paragraph 126 of the Complaint, Defendant admits that 

a 9/29/2021 Custodial Death Report (amended) concerns the 11/10/2020 death of Kennie Craven 

and is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

76. Defendant admits that the allegations in paragraph 127 (sentences 1-5) of the 

Complaint are contained in a TCSO corporal’s and a TCSO sergeant’s 12/17/2020 respective 

reports. Defendant admits the allegations in the 6th sentence of paragraph 127 of the Complaint.

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77. Regarding the allegations in paragraph 128 of the Complaint, Defendant admits that 

a 12/7/2021 Custodial Death Report (amended) concerns the 12/19/2020 death of Lee Haney and 

is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

78. Regarding the allegations in paragraph 129 of the Complaint, Defendant admits that 

a 1/10/2022 Custodial Death Report (amended) concerns the 3/21/2021 death of DeAnthony 

Taylor and is the best evidence of what the report does/does not state. Defendant otherwise denies 

the allegations in this paragraph.

79. Regarding the allegations in paragraph 130 of the Complaint, Defendant admits that 

a 3/29/2022 Custodial Death Report (amended) concerns the 7/20/2021 death of Jeffery Buchanan 

and is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

80. Regarding the allegations in paragraph 131 of the Complaint, Defendant admits that 

an 8/26/2021 Custodial Death Report concerns the 8/18/2021 death of Jeremiah Noble and is the 

best evidence of what the report does/does not state. Defendant otherwise denies the allegations in 

this paragraph.

81. Defendant admits that the allegations in paragraph 132 of the Complaint are 

contained in a March 10, 2022 Custodial Death Report (amended) concerning Tyler Huffman.

82. Regarding the allegations in paragraph 133 of the Complaint, Defendant admits that 

a 9/23/2021 Custodial Death Report concerns the 9/14/2021 death of Georgia Baldwin and is the 

best evidence of what the report does/does not state. Defendant otherwise denies the allegations in 

this paragraph.

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83. Regarding the allegations in paragraph 134 of the Complaint, Defendant admits that 

a 5/13/2022 Custodial Death Report (amended) concerns the 10/30/2021 death of Leon Jacobs and 

is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

84. Regarding the allegations in paragraph 135 of the Complaint, Defendant admits that 

a 1/10/2022 Custodial Death Report concerns the 1/3/2022 death of Alvie Johnson and is the best 

evidence of what the report does/does not state. Defendant otherwise denies the allegations in this 

paragraph.

85. Regarding the allegations in paragraph 136 of the Complaint, Defendant admits that 

a 3/15/2022 Custodial Death Report concerns the 2/25/2022 death of Edgar Villatoro-Alvarez and 

is the best evidence of what the report does/does not state. Defendant otherwise denies the 

allegations in this paragraph.

86. Defendant is without sufficient information or knowledge to admit the allegations 

contained in paragraph 137 of the Complaint.

87. Regarding the allegations in paragraph 138 of the Complaint, Defendant is not 

required to admit or deny purported conclusions of law. Defendant denies all factual allegations in 

this paragraph.

88. Defendant denies the allegations in paragraph 139 of the Complaint.

89. Regarding the allegations in paragraphs 140-153 of the Complaint, Defendant is 

not required to admit or deny purported conclusions of law. Defendant denies all factual allegations 

in these paragraphs.

90. Defendant denies the allegations in page 154 of the Complaint.

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91. Defendant is not required to admit or deny the allegations in paragraphs 155-156 

of the Complaint. 

92. Defendant denies that Plaintiff is entitled to the relief requested in paragraph 157 

of the Complaint. 

ADDITIONAL RESPONSES AND AFFIRMATIVE DEFENSES

93. Defendant asserts and alleges that Plaintiff has failed to specifically plead sufficient 

facts that would give rise to any cause of action against Defendant. Defendant specifically pleads

Plaintiff’s failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P.

12(b)(6).

94. Defendant specifically denies that it encouraged or condoned any criminal conduct 

on the part of any Tarrant County employee. 

95. Defendant specifically denies that it adopted or maintained any custom, policy, 

practice or procedure that was the moving force behind any individual’s violation of any federal 

constitutional or statutory rights of or any rights secured under state law belonging to Javonte 

Myers or others. 

96. Defendant specifically denies that it adopted or maintained any such custom, 

policy, practice or procedure with deliberate indifference to the rights of Javonte Myers or others. 

97. Defendant specifically denies that Javonte Myers was exposed to any condition of 

confinement that was violative of his federal constitutional or statutory rights. 

98. Defendant specifically denies that it adopted or maintained any condition of 

confinement with deliberate indifference to the rights of Javonte Myers or others. 

99. Defendant specifically denies that the Plaintiff has stated a claim for damages 

against it upon which this Court may grant relief under 42 U.S.C. § 1983. 

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100. To the extent that Plaintiff is seeking to recover any past medical damages that 

Defendant has already paid, and for which Plaintiff has no liability, then Plaintiff is barred from 

seeking such damages.

101. Defendant should not be held liable for any injuries or damages caused by Plaintiff. 

Likewise, Defendant should not be held liable for any injuries or damages that Plaintiff failed to 

mitigate. Accordingly, to the extent that Plaintiff’s own acts and/or omissions were the cause of 

Plaintiff’s alleged injuries or damages, Defendant ought to be able to use evidence of such (1) to 

apportion Plaintiff’s own fault on the question of liability and/or (2) to demonstrate that Plaintiff 

failed to mitigate.

102. Further, Defendant would show that all or a portion of any damages claimed by 

Plaintiff are due, in whole or in part, to prior injuries, diseases, and/or conditions wholly unrelated 

to the occurrences in question and for which Defendant is not liable.

JURY DEMAND

103. Defendant hereby demands trial by jury as to the allegations made against 

Defendant in the Complaint or any amendments or supplements thereto, and as to any of the 

matters set forth in this Answer or any amendments or supplements thereto. 

WHEREFORE, PREMISES CONSIDERED, Defendant Tarrant County, Texas prays this 

Court to enter an order dismissing this suit with prejudice, declaring that Plaintiff take nothing by 

this action, awarding its costs, including a reasonable attorney’s fee expended herein, and granting 

any further relief to which it may be justly entitled under the law.

Respectfully submitted,

/s/ M. Keith Ogle 

 M. KEITH OGLE

 State Bar No. 24037207 

 Assistant Criminal District Attorney

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SHAREN WILSON

CRIMINAL DISTRICT ATTORNEY

TARRANT COUNTY, TEXAS

 Tarrant County Criminal District Attorney’s Office

 Tim Curry Criminal Justice Center

 401 W. Belknap, 9th Floor 

 Fort Worth, Texas 76196 

817-884-1233 - Telephone 

817-884-1675 – Facsimile

E-Mail: mkogle@tarrantcountytx.gov 

ATTORNEY FOR TARRANT COUNTY, 

TEXAS

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing document was served upon 

the following parties in accordance with the provisions of Rule 5, Fed. R. Civ. P., on May 20, 

2022: 

T. Dean Malone Via Electronic Filing

Law Offices of Dean Malone, P.C.

900 Jackson Street, Suite 730 

Dallas, Texas 75202 

Email: dean@deanmalone.com 

Attorney for Plaintiff

Kenneth East Via Electronic Filing

Law Office of Kenneth E. East

306 W. 7th Street, Suite 600

Fort Worth, Texas 76102 

Email: ken@east.law 

Attorney for Defendant Darien Kirk

Jim Jeffrey Via Electronic Filing

Law Offices of Jim Jeffrey

3200 W. Arkansas Lane 

Arlington, Texas 76016 

Email: jim.jeffrey@sbcglobal.net

Attorney for Defendant Erik Gay

 /s/ M. Keith Ogle 

M. KEITH OGLE

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