New records show DA had more than a week to move murder case forward before indictment deadline | FOX 7 Austin

New records show DA had more than a week to move murder case forward before indictment deadline

The Travis County District Attorney’s Office failed to meet a 90-day deadline to indict a murder suspect last month. 

New records reveal DA Jose Garza had more than a week to move the case forward, before the deadline, after the original prosecutor resigned. That missed deadline resulted in a murder suspect bonding out of jail.

What we know:

The resignation letter from the original prosecutor in the Stephon Morson murder case shows a resignation effective immediately on Jan. 22. 

The hearing to reduce Morson's bond was on Feb. 13.

The District Attorney clarified after FOX 7 Austin discovered the discrepancy:

"About a month before the ninety-day deadline for this case, we encountered management challenges with the prosecutor in charge of this case. We demoted her, and she resigned the next day. A new prosecutor, returning from parental leave, took over that case. There was about a week gap between the prior prosecutor's resignation and the second prosecutor's return.  The new prosecutor quickly identified the case nearing the deadline, contacted the victim's family, scheduled a grand jury presentation, and successfully indicted the case on the ninety-first day."

What they're saying:

"In this particular case, our office observed problems with a 20-year-veteran prosecutor. We immediately took actions, a new prosecutor was assigned. That prosecutor did a fabulous job, reached out to the victim's family, got the case indicted well before the hearing on the motion to reduce bond," DA Garza told FOX 7 on Feb. 19.

In Texas, if the state isn’t ready for trial in 90 days, a judge must reduce the suspect’s bond or release them. The DA's office still had nine business days to present the case to a grand jury after the resignation of the original prosecutor but failed to do so.

The backstory:

Stephon Morson is accused of shooting Keshawn Cage in October 2024.

Police said it happened at an apartment complex in Southeast Austin and Morson’s hoodie, shoes, and the gun investigators believe was used that night were found about 500 yards away.

Court documents said a witness told detectives Morson and another person were arguing with Cage, calling Cage a snitch, claiming he worked with law enforcement and got another man locked up. The arrest affidavit said the witness identified Morson as the shooter.

Morson was arrested on November 6, 2024, for murder and tampering with evidence. His bail was set at $800,000. 

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Stephon Morson (Austin Police Department)

The Texas Code of Criminal Procedure states a person accused of a felony must be released, or their bail must be reduced if the state isn’t ready for trial within 90 days. 

The state didn’t present these cases to a grand jury until day 91. The same day, Morson’s attorney asked the judge to let his client out.

Last week, the parties met to discuss the possibility of Morson’s bail being reduced. The District Attorney claimed they told the court about their concerns if Morson was released. They said on social media he was potentially bragging about the murder, showing violence, they said Cage’s family had concerns, and an anonymous tip said Morson intended to flee if he got out. 

The Travis County Judge set the bail at $100 and ordered no contact with the victims’ family or witnesses, a GPS monitoring system, no travel, and no social media.

"The judge in this case, had the tools to keep our community safe and failed to use those tools," Garza said on Feb. 19.

After receiving scrutiny online, including from Texas Governor Greg Abbott, the DA’s Office requested the judge to increase the bond amount. In a hearing last month, the judge increased it to $100,000 and Morson was taken back to jail.

What's next:

Records show Morson is still in the Travis County Jail. His next hearing is set for March 31.

The Source: Information in this report comes from reporting and interviews by FOX 7 Austin CrimeWatch reporter Meredith Aldis.

Crime and Public SafetyAustin