Electronically Filed At 7/27/2021 1:11 PM. ‘Cheryl Jones, District Clerk, Brown County, Texas By:Amber McCullough, Deputy CAUSE NO. 27475, 27476, and 27477 ‘THE STATE OF TEXAS § INTHE DISTRICT COURT 8 vs. § 8 WILLIAM WESLEY RUTH § BROWN COUNTY, TEXAS AFFIDAVIT OF WILLIAM W. RUTH STATE OF TEXAS: 4 COUNTY OF GILLESPIE § BEFORE ME, the undersigned authority, personally appeared William W. Ruth, who being duly sworn, deposed and says: 1. lam William W. Ruth. Iam over the age of 18 and competent to testify as to the following: 2. Lmake this Affidavit in support of the motion to dismiss and transfer of venue. Misapplication of Fiduciary Property 3. Regardless of the erroneous nature of the deposit which | had no involvement in making the deposit and was not even in town or had any communications with the individual who made the deposit, the Farm Bureau Settlement check relating to the Stephanie Alvarado case was deposited in the bank account at Arrowhead Bank in Fredericksburg, Gillespie County, Texas which has no branch locations or offices in Brown County, Texas. 4, Further, no monies arising from this settlement check were paid or transferred to any individual or business entity in Brown County, Texas. 5. In addition, at no time relevant to this matter was | appointed a ‘fiduciary’ asit relates to ‘any property owned by Alvarado that has any connection to Brown County. 6. Asindicated in the evidence before this court, at all times relevant to this alleged offense, my office was in Gillespie County, Texas. There is no evidence which can dispute the fact that Gillespie County is where the check was sent, received and deposited. 7. For this reason, the Misapplication of Fiduciary property charges and indictment was filed in violation of the law, in particular, Art. 13.32 of the Code of Criminal Procedure, and must be dismissed. 8. Arising out of the Misapplication of Fiduciary property charges, | was indicted for the following: Fraudulent Use or Possession of Id Information 9. Any identifying information | allegedly possessed or used as it relates to Stephanie Alvarado was not obtained by ‘fraudulent’ means as defined by the statute.Electronically Filed At 7/27/2021 4:11 PM. Chery! Jones, District Clerk, Brown County, Texas By: Amber McCullough, Deputy 20. Such information was provided to me as 2 lawyer for Alvarado and/or arose out of her filing a State Bar complaint against me or in the civil suit arising from Alvarado’s State Bar complaint. Again, this does not qualify as having obtained or being in possession of such identifying information through ‘fraudulent” means. 11. For these reasons, Texas Penal Code § 32.51 is not even applicable. 12. In particular, the statute states that the ‘presumption’ established under Subsection (b- 1) does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or government function that does not violate a penal law of this state. 13. Not only was the identifying information not ‘fraudulently’ obtained, the information complained of was lawfully obtained by and through my law firm business. Again, the indictment on its face is void in fact and law. Therefore, this indictment must be dismissed. 14. Art, 13.29, requires that 2 defendant be prosecuted in the county which the alleged offense was committed or in the county of residence of the person whose identifying information was “fraudulently” obtained, possessed, transferred, or used. 15, Atall times relevant to this allegation, | operated my law firm business in Gillespie County, ‘Texas, and Alvarado resided in Weatherford, Parker County, Texas. 16. For these reasons, prosecuting me in Brown County isin violation of Art. 13.29. Obstruction or Retaliation 17. Since being charged, | have made no communication, directly or indirectly, or thorough any other person or means to Stephanie Alvarado for a ‘threat’ to have been made. 18. The May 28, 2020 indictment fails to adequately describe how | supposedly committed this alleged violation, which | must assume that the indictment arises from a civil lawsuit | filed against Alvarado in Lampasas County, Texas involving a credible claim arising from her communicating false information to me for the intended purpose of influencing me to discount my fee, waiving certain litigation costs in excess of $800, and/or donating $750 to her purported missionary trip to India. 19. Moreover, based upon information and belief, Alvarado used these monies to travel to see a ‘boyfriend’ and had also supposedly obtained monies from my elderly mother and other church members under similar false representations. Therefore, my claims in the civil lawsuit had merit, and at a minimum, | had a legal right to obtain discovery as to Ms. Alvarado. 20. In addition, | filed the civil lawsuit for purposes of obtaining Alvarado’s deposition which based upon information provided to me by law enforcement and others, Alvarado was working in concert with an individual who had gotten my father and me into investing our time and resources in a purported African humanitarian and farming operation in Maurtania Africa which | learned later did not exist. 21. For this reason, | requested specifically of this court to take the deposition of Alvarado, and when the court denied my request, | did not even have Alvarado served with citationElectronically Filed At 7/27/2021 1:14 PM. Cheryl Jones, District Clerk, Brown County, Texas By: Amber McCullough, Deputy in the Lampasas suit for which any “communication”, let alone, “threat” be made against her could have occurred. 22. It should be noted also that Alvarado has made false claims against me in her civil lawsuit against me, and while my lawsuit against her has been stopped, the suit filed on her behalf is actively being pursued against me, which | am prevented by this court of defending myself through taking her deposition. 23. Clearly, this is a violation of my rights of due process and equal protection and application of the law. 24. Regardless, | request that the State amend its indictment in order for me to have ‘fair notice’ of how, and by what means | supposedly violated TPC §36.06 since a defendant should not have to assume and speculate as to the basis of the indictment. 25, Likewise, the indictment states that this alleged violation took place in Brown County, Texas. This is simply false. 26.1 have made no communication, directly or indirectly, with Alvarado while in Brown County. Nor have | taken any action in connection with Alvarado while in Brown County. 27. As indicated, Alvarado resides in Parker County, Texas, my law office and | resided in Gillespie County, and the civil lawsuit (which I must assume is how | supposedly allegedly threatened Alvarado) was filed in Lampasas County, Texas. 28. For these reasons, no alleged action took place in Brown County, Texas, and this indictment must be dismissed pursuant to Art, 13.37. 29. Moreover, Article 13.17 requires that to sustain the allegation of venue, by 2 ‘preponderance of the evidence” is venue established. There is no ‘preponderance of the evidence’ that Brown County has venue in all 3 indictments. Therefore, the motions before the court must be granted, and both indictments dismissed. Aggravated Perjury 30. As to the Aggravated Perjury indictment, at the January 22, 2020 pre-trial hearing, David Guinn was a ‘no-show” despite having paid Guinn $25,000. While | do not have a copy of the transcript to rely upon, I requested a motion for continuance which was denied, and was forced to represent myself at the hearing. Nor was an attorney appointed to represent me. Nor did | waive the right to have counsel. As 2 result, Article 1.051 was violated which subsequently led to me incriminating myself. 31. Furthermore, for the reasons, stated in my motion, | did not commit Aggravated Perjury. Any representation made by me was based upon a good-faith belief of my remembrance of an incident that took place almost 18 months earlier. 32.1t should also be noted that prior to this hearing, | requested specifically the body cam videos of officers Burke and Fletcher which was not provided, and therefore, | had to rely solely on my memory when testifying or during being questioned by counsel for the state ‘without my lawyer being present. 33. Moreover, | have since viewed the body cam video of officer Burke, and | don't recall seeing that | made any communications with him to have “invited” him into the house.Electronically At 7/27/2021 1: Cheryl Jones, District Clerk, Brown County, Texas By:Amber McCullough, Deputy 34, Regardless, the indictment indicates that | purported to have communicated a “right” to allow both officers into the house. 35. The indictment states that | allegedly made a false statement under oath, namely that Defendant did not tell law enforcement officers that had the ‘right’ to enter the residence..." 36. This residence did not belong to me, and therefore, | did not have the ‘right’ to let either officer into the house belonging to another individual without their knowledge or consent. Moreover, the residence was being occupied by a tenant at the time of this incident which | did not have the right or consent to let anyone into the house. 37. Therefore, not only is the indictment erroneous as to purporting that | let both officers into the house, my statement was truthful as to not having the right to let either officer into the house that did not belong or was occupied by me. 38, Therefore, this indictment cannot be supported in fact or law, in addition to having been testified to based upon information I requested but did not receive prior to the hearing, and information testified to as to an incident from approximately 18 months earlier, without my attorney being present, and my motion for continuance being denied. Article 31.03 Request for Venue Change 39. In addition, to the above-reference indictments being prosecuted in violation of the specific venue statutes cited, | request a venue change pursuant to Article 31.03. 40. | do not have reason to believe that | can receive a fair and impartial trial in Brown County when the Brown County Sheriff office has improperly, if not, unlawfully provided an individual, namely Joe Cooksey, with information (which was denied to me and my attorney) which it knew or had reason to know would be published by Cooksey. 41. It should be noted that while my attorney and t were denied view of the body cam videos for over 3 months, Cooksey (within 3 business days of my arrest) viewed the body cam videos of my arrest in the Brown County Sheriff office, which he posted about in detail, along with describing and posting 2 photograph of the inside of my mother’s home in violation of her privacy. The outrageous nature of this should be appalling. 42. This information was highly inflammatory and was published with the obvious intent to taint the jury. According to the blog page of Cooksey, which represents approximately 10% of the community, he has on almost a weekly, if not daily, basis published false and defamatory information about me. 43. In particular, he has bolstered the credibility of the information by purporting specifically ‘that it was provided to him by the Brown County Sheriff office. In addition, he has unlawfully published court proceedings of all my cases during the past approximately 6 months with a false or misleading narrative for the intent to create public scorn, dislike, ‘and hatred which was designed to prejudice the jury which will prevent me from obtaining a fair and impartial trial.Electronically Filed ‘At7/27/2021 1:11 PM Cheryl Jones, District Clerk, Brown County, Texas, By:Amber McCullough, Deputy 44, At hearing, intend to present the court evidence of these postings along with supporting affidavits in support of my request for a venue change pursuant to Art. 31.03. 45. Coupled with the prosecution of the indictments already being in violation of law, 1 ask that the court to transfer venue, accordingly. Appointment of Legal Repres 46. The attorneysfor the state was appointed as to the alleged assault arising from officers Burke and Fletcher coming on to the ranch property of my mother's involving a materialman lien of less than $10,000 which was undeniably ‘paid in full’ by my client in 2014 and which I no longer represented the client. 47. Despite the frivolousness, approximately $170,000 in attorney fees has been expended as a result which is still incurring. This has created a significant financial hardship, 48. in addition, due to the stress and anxiety of these numerous felony indictments brought against me, which has been hanging over me for the past 2 % years, | have experienced serious health related issues, resulting in a heart attack a year ago right before trial. 49. Due to previous retaliation (thoroughly investigated by Chief Deputy Bobby Duval of the Brown County Sheriff office, and acknowledged specifically by the prior special prosecutor, Lynn ingalsbee), all the felony indictments were dismissed. 50. Such action has impacted my marital relationship which my wife and | separated the day | was released from jail, which she filed for divorce. 51. My wife and | entered into a settlement agreement which has not been terminated and remains in full force and effect. 52. As a result, most, if not all, of my assets now belong to my children; | resigned from my company after the heart attack; my business has virtually been destroyed by these felony indictments; | am unemployed; and my debts exceed my assets. 53. As the court is aware, the State has several good and highly skilled attorneys pursuing these charges against me. 54. For these reasons, @ court appointed attorney is warranted. 1 have consulted with 2 couple of defense attorneys in San Angelo which | would request be appointed if these indictments are not dismissed far the reasons stated in the motion. 55. Also, | have not been provided with any discovery in these matters w adequately prepare for trial. 56. Further sayeth not.” necessary toElectronically Filed ‘At7/2712021 1:11 PM Chery! Jones, District Clerk, Brown County, Texas By:Amber McCullough, Deputy STATE OF TEXAS ‘ COUNTY OF GILLESPIE 5 BEFORE ME, personally appeared on this the:z2_| day of July, 2021, Wiliam W. Ruth, known to me to be the person whose name appears on this Affidavit and subscribed by William \W. Ruth and who states that he has read the foregoing Affidavit and its true and correct. Si, MICAELA NINO Notary Public, State of Texas