THE STATE OF TEXAS COUNTY OF TRAVIS

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KNOW ALL PERSONS BY THESE PRESENTS: COMPLAINT

TO THE DISTRICT ATTORNEY OF SAID COUNTY: NOW COMES the undersigned complainant and, pursuant to article 2.04 of the Texas Code of Criminal Procedure and section 132.001 of the Texas Civil Practice and Remedies Code, hereby makes the following complaint: My name is “Richard Dale Reed,” my date of birth is September 20, 1955, and my address is 11614 Anatole Court, Austin, Texas, 78748, United States of America. I am of sound mind and capable of making this declaration. I have good reason to believe, and do believe, that: Rosemary Lehmberg, a white female born October 31, 1949, on or about the thirteenth day of April, A.D. 2013, in the County of Travis and State of Texas, committed the third-degree felony offense of obstruction or retaliation in violation of section 36.06 of the Texas Penal Code and against the peace and dignity of the State. Count I In particular, I have good reason to believe, and do believe, that, on or about the aforesaid date, in the aforesaid county and state, the aforesaid Rosemary Lehmberg did intentionally threaten to harm another, namely, Michelle Hooker, by an unlawful act, i.e., by filing a criminal complaint that Lehmberg knew was not supported by probable cause and that would subject the aforesaid Michelle Hooker to being unlawfully arrested and incarcerated, to prevent the service of the aforesaid Michelle Hooker as a public servant, i.e., as a senior corrections officer for the Travis County Sheriff’s Office, and Lehmberg communicated such threat by making the following utterance: Y’all better do somethin’ quick, because y’all are going to be in jail, not me, if you don’t do something pretty quick. Count II I further have good reason to believe, and do believe, that, on or about the aforesaid date, in the aforesaid county and state, the aforesaid Rosemary Lehmberg did intentionally threaten to harm another, namely, Michelle Hooker, by an unlawful act, i.e., by filing a criminal complaint that Lehmberg knew was not supported by probable cause and that would subject the aforesaid Michelle Hooker to being unlawfully arrested and incarcerated, in retaliation for and on account of the service of the aforesaid Michelle Hooker as a public servant, i.e., as a senior corrections officer for the Travis County

Sheriff’s Office, and Lehmberg communicated such threat by making the following utterances: Oh, y’all are so screwed. Have y’all called Greg? Have y’all called him? You should. You really should, ‘cause you know what you’re doing. Have you called Greg? You should. You really should. You know what? You know I’ll—I’ll remember this, probably. So this is how it feels. I’ll remember this. Count III I further have good reason to believe, and do believe, that, on or about the aforesaid date, in the aforesaid county and state, the aforesaid Rosemary Lehmberg did intentionally threaten to harm another, namely, Toni Orton, by an unlawful act, i.e., by filing a criminal complaint that Lehmberg knew was not supported by probable cause and that would subject the aforesaid Toni Orton to being unlawfully arrested and incarcerated, to prevent the service of the aforesaid Toni Orton as a public servant, i.e., as a senior corrections officer for the Travis County Sheriff’s Office, and Lehmberg communicated such threat by making the following utterance: Y’all better do somethin’ quick, because y’all are going to be in jail, not me, if you don’t do something pretty quick. Count IV I further have good reason to believe, and do believe, that, on or about the aforesaid date, in the aforesaid county and state, the aforesaid Rosemary Lehmberg did intentionally threaten to harm another, namely, Toni Orton, by an unlawful act, i.e., by filing a criminal complaint that Lehmberg knew was not supported by probable cause and that would subject the aforesaid Toni Orton to being unlawfully arrested and incarcerated, in retaliation for and on account of the service of the aforesaid Toni Orton as a public servant, i.e., as a senior corrections officer for the Travis County Sheriff’s Office, and Lehmberg communicated such threat by making the following utterances: Oh, y’all are so screwed. Have y’all called Greg? Have y’all called him? You should. You really should, ‘cause you know what you’re doing. Have you called Greg? You should. You really should. You know what? You know I’ll—I’ll remember this, probably. So this is how it feels. I’ll remember this. Count V I further have good reason to believe, and do believe, that, on or about the aforesaid date, in the aforesaid county and state, the aforesaid Rosemary Lehmberg did intentionally threaten to harm another, namely, Layla Rendon, by an unlawful act, i.e., by filing a criminal complaint that Lehmberg knew was not supported by probable cause and that would subject the aforesaid Layla Rendon to being unlawfully arrested and
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incarcerated, to prevent the service of the aforesaid Layla Rendon as a public servant, i.e., as a Travis County Sheriff’s deputy, and Lehmberg communicated such threat by making the following utterance: Y’all better do somethin’ quick, because y’all are going to be in jail, not me, if you don’t do something pretty quick. Count VI I further have good reason to believe, and do believe, that, on or about the aforesaid date, in the aforesaid county and state, the aforesaid Rosemary Lehmberg did intentionally threaten to harm another, namely, Layla Rendon, by an unlawful act, i.e., by filing a criminal complaint that Lehmberg knew was not supported by probable cause and that would subject the aforesaid Layla Rendon to being unlawfully arrested and incarcerated, in retaliation for and on account of the service of the aforesaid Layla Rendon as a public servant, i.e., as a Travis County Sheriff’s deputy, and Lehmberg communicated such threat by making the following utterances: Oh, y’all are so screwed. Have y’all called Greg? Have y’all called him? You should. You really should, ‘cause you know what you’re doing. Have you called Greg? You should. You really should. You know what? You know I’ll—I’ll remember this, probably. So this is how it feels. I’ll remember this. Grounds for Complaint My beliefs regarding the aforesaid matters are based upon facts gleaned from the following records that I have obtained from the Travis County Sheriff’s Office (TCSO) and have personally examined: (1) (2) (3) (4) a digital versatile disc (DVD) bearing the handwritten notation “Handheld Camcorder Video”; a DVD bearing the handwritten notation “Central Booking Facility Security Video”; a DVD bearing the handwritten notation “Dep. Ribsam In-Car Video”; a copy of a TCSO Isolation Cell Record and/or Application of Protective Restraints Record containing handwritten notes of TCSO Officer Michelle Hooker; a copy of a TCSO Inmate Incident Report signed by TCSO Sgt. Layla Rendon; and a copy of a TCSO report entitled “Documentation of Visual Observations, Including all Unusual, Pertinent, and Critical Events.”

(5) (6)

The aforesaid records indicate that on April 12, 2013, John Ribsam, a deputy employed by the Travis County Sheriff’s Office and assigned to the Travis County Sheriff’s Highway Enforcement Unit, arrested the aforesaid Rosemary Lehmberg for the
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Class B misdemeanor offense of driving while intoxicated and thereupon transported Lehmberg to the Central Booking Facility of the Travis County Jail to book her for the aforesaid offense. The aforesaid records further indicate that after Deputy Ribsam arrested Lehmberg she made several attempts to coerce him to remove her handcuffs and release her from custody. The aforesaid records indicate that on four separate occasions as she was being transported to the Travis County Jail, Lehmberg complained to Deputy Ribsam that he was going to “ruin” her career. The aforesaid records indicate that toward the end of the trip, Lehmberg threatened to sue “the crap out of” him. The aforesaid records further indicate that on several occasions, Lehmberg called Deputy Ribsam’s attention to the fact that she was the District Attorney of Travis County, initially stating, “I’m the District Attorney,” and eventually proclaiming, “I am the goddamn District Attorney!” and demanding, “Take these handcuffs off of me now!” The aforesaid records indicate that Lehmberg later asked Deputy Ribsam, “Do you know who I am?” and that she castigated him with the following remarks: “I have sent a million people to prison, and, you know, shame on you … for doing this. Shame on you.” The aforesaid records further indicate that on April 13, 2013, after arriving at the Central Booking Facility, Deputy Ribsam transferred custody of Lehmberg to TCSO corrections officers who subsequently placed her inside Cell No. 512 for protective custody. The aforesaid records indicate that, after Lehmberg was placed inside the aforesaid jail cell, she attempted to coerce TCSO authorities to remove her handcuffs; to cease their efforts to conduct a custodial search of her; to allow her access to her cellular telephone; and to call Sheriff Greg Hamilton, and she did so by calling attention to her status as District Attorney of Travis County. The aforesaid records further indicate that on April 13, 2013, between 12:32 a.m. and 1:30 a.m., Lehmberg acted in a disorderly and disrespectful manner, repeatedly kicking the door of Cell No. 512 and yelling at TCSO personnel. The aforesaid records indicate that when the shift supervisor, TCSO Sgt. Layla Rendon, informed her that TCSO officers needed to complete a pat-down search of her person, Lehmberg made the following statements: I don’t care. Just call Greg. Get me out if here. This is silly. Y’all have me handcuffed. Y’all have me handcuffed, in jail. At least get the cuffs off. Okay? I’m not drunk. I’m not doing anything. I’m the goddamn District Attorney. Y’all don’t know what you’re doing. Y’all don’t know what you’re doing. The aforesaid records further indicate that Sgt. Rendon and Officers Michelle Hooker and Toni Orton subsequently entered Lehmberg’s cell to conduct a custodial search, which included removing her jewelry. The aforesaid records indicate that Lehmberg resisted the officers’ efforts to perform the search. The aforesaid records indicate that, as Officers Hooker and Orton were attempting to remove Lehmberg’s jewelry, Lehmberg made the following utterance to Sgt. Rendon and the aforesaid officers: Y’all better do somethin’ quick, because y’all are going to be in jail, not me, if you don’t do something pretty quick. The aforesaid records further indicate that Lehmberg made the aforesaid utterance in the context of making the following utterances to the aforesaid officers:
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Oh, y’all are so screwed. Have y’all called Greg? Have y’all called him? You should. You really should, ‘cause you know what you’re doing. Have you called Greg? You should. You really should. You know what? You know I’ll—I’ll remember this, probably. So this is how it feels. I’ll remember this. The aforesaid records indicate that Sgt. Rendon clearly understood that by making the aforesaid statement Lehmberg was threatening to file a criminal complaint that was not supported by probable cause and that would subject the aforesaid officers to unlawful arrest and incarceration because, immediately after Lehmberg denied “making any threats” in response to Sgt. Rendon’s admonition that the handcuffs would not be removed as long as she was “making threats,” Sgt. Rendon replied, “You just threatened that they were going to be in jail.” I hereby declare under penalty of perjury that the foregoing is true and correct. EXECUTED IN Travis County, State of Texas, on this, the twenty-eighth, day of May, A.D. 2013. ______________________________ Complainant

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