TX - Terri 'Missy' Bevers, 45, killed in church/suspect in SWAT gear, 18 Apr 2016 #44

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ESCO requested a decision from the AG within 10 days, so they followed protocol. The AG has 45 days from the time they received the request from ESCO to respond with a decision.

Thank you for clarifying and for your patience with me [emoji4] Ellis county’s protocol on FOIA requests is new territory for me as I’ve never dealt with them in the past. It seems they do it a little different than other agencies. I am very anxious to hear from the AG as their response will answer some questions for me, whether they release the documents a 2nd time or not.
 
As of right now, these are my thoughts are regarding the records.

1. ESCO released the records and have since decided against releasing future requests without AG decision. (I’m not sure if this is legal or not)

2. A third party named in the records requested to stop the records from being released. (I’m not sure if this is legal or not)

3. The released records were obtained illegally.

4. The released records weren’t authentic or were altered. ( I know that’s a stretch and illegal)




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JMHO, but these 4 options say a lot with whichever one the outcome ends up being. I wish I knew the answer, but I unfortunately don’t. Yet. I am almost 100% positive that #1 would be illegal when it comes to the FOIA which would then also make #2 illegal or borderline sketchy because they’re already released. And I just don’t even want to fathom #3 or #4.
 
Thank you for clarifying and for your patience with me [emoji4] Ellis county’s protocol on FOIA requests is new territory for me as I’ve never dealt with them in the past. It seems they do it a little different than other agencies. I am very anxious to hear from the AG as their response will answer some questions for me, whether they release the documents a 2nd time or not.

You’re welcome. I’ve never filed a FOIA request so I had to look up the laws and procedures. I completely understand where your coming from. The wording used can be confusing. I’m anxious to hear what the AG’s decision will be. If the AG decides against your request I would be suspicious.
 
2/2/18 date Requester letter received
2/5/18 letter from DA to inform you has asked for a decision from TX AG (1 pg)
2/5/18 letter to TX AG requesting Opinion (2 pg)
2/9/18 Tracking number shows delivered Feb 9, 2018 at 8:31 am Delivered to Austin TX 78711


10/3/17 date received request
10/6/17 letter to from DA informing has asked for a decision from the TX AG (1 pg)
10/6/17 letter to TX AG requesting Opinion (3 pg)
10/13/17 Letter from AG re Opinion (4 pgs) and says 3 requestors
1/12/18 payment for documents
RSBM
Thanks for pointing out the dates and procedure followed on the previous request. I didn’t look at the dates and steps that were followed for the previous FOIA release. So far, ESCO and the AG have followed the same process with both requests.
 
You’re welcome. I’ve never filed a FOIA request so I had to look up the laws and procedures. I completely understand where your coming from. The wording used can be confusing. I’m anxious to hear what the AG’s decision will be. If the AG decides against your request I would be suspicious.

It’s very confusing in this instance because the federal regulations for FOIA are different than what ECSO is following for their agency level guidelines . Federal regulations state a requestor should be provided with a tracking number for any requests taking over ten days and typical turn around time should be 20 business days.

General Federal guidelines can be found here : https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/right_to_federal_records09.pdf
 
It’s very confusing in this instance because the federal regulations for FOIA are different than what ECSO is following for their agency level guidelines . Federal regulations state a requestor should be provided with a tracking number for any requests taking over ten days and typical turn around time should be 20 business days.

General Federal guidelines can be found here : https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/right_to_federal_records09.pdf

Your request was to the state not federal. Correct?
 
The open records request process tends to be misconstrued.

The actual decision is made at the local level, and generally they don't have to give out information that is being used and held for the investigation of a crime. The subsequent referral to the AG's office, when they say no, is more or less a verification of the reasoning used at the local level, and is used (a) to provide you a fully-legal answer in its wording, so that the local jurisdiction doesn't awkwardly say the wrong thing and cause themselves problems when they truly have the right to say no, and (b) to prevent a rogue county or city from claiming invalid exceptions and simply stonewalling FOIA requests without the legal right to do so.

However, I doubt that there is a new development being indicated in this case simply based on the rejection you received. What you are not seeing is that one FOIA request is not the same as another. And under Texas law there is a very broad (and commonly used) exception from FOIA disclosures when it comes to investigative information that has been obtained and is being used in working an open criminal case. Who did you ask, what exactly did you ask for, and on what basis did you submit your request, are crucial issues in trying to get info, and I'd wager that <modsnip>'s request was different than yours in one or more of those areas, in a way that mattered.
 
It&#8217;s very confusing in this instance because the federal regulations for FOIA are different than what ECSO is following for their agency level guidelines.

Well, yeah. The guidelines you posted are for requesting federal information, and you did not request federal information in your FOIA request. You requested county or city info, which would be responded to according to state law and procedure, not federal.
 
Per Tricia, this thread is closed indefinitely.

The right-fighting, TOS violations, alerts, off-topic discussions, and wild accusations have become too much in a case that doesn't even have any breaking news.

Tricia will decide if and when this thread reopens.

Thank you.
 
What in the world does it matter who received what FOIA request and documents?

This discussion is not about you, or the former member, or who received what and when.

I will be issuing more timeouts but if this ever happens again I will ban the posters who participate.

This thread was shut down entirely because of this right fighting crap, the on-going discussion about a former member, and going way off topic.

The posters who participated are 100 percent responsible. You all know the rules about "Stay on topic" "Do not mention former members" "Do not argue" You were even warned and most of you involved THANKED THE WARNING POST.

Our new software will have the ability to ban members from certain threads only. I will more than likely ban some of you from the discussion for good as soon as we move.

For those of you who did not participate and tried to stay within TOS, thank you.

Remember, if you participated today you are the reason this thread is shut down.
 
Posters are asking when Missy's thread will be reopened. I don't know to be honest. If we open it now I believe it will melt down again. When we do open it we will immediately thread ban anyone who plays into the Internet drama that makes all of us look bad.

We are considering opening Missy's thread. We revisit this question at least once a week. I'll keep you posted.
 
Hi Everyone,

I will be visiting and hopefully chatting with the wonderful people of Midlothian for a bit today in the very late afternoon. and again after Jan 1st.

If you want me to film any particular area in Midlothain please send me a message, email me or if you have my number feel free to text any ideas.
Thank you
 
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OK, First video.

This is the Creekside Church of Christ. This is where Missy Bevers was killed.
Big shout out to Razz who was on the phone with me the whole time and gave me the best directions on where to film.

There are many videos out there of the church. I just wanted to visit the site myself and film and let you see what I was seeing.


Next up is the gun store.
 
Hey Everyone,

I'll try and get to the gun store tonight but I had something come up so it may not be until tomorrow.

Shout out to Tim for all the help and info he sent me. I really appreciate your help and Razz's help. THANK YOU.
 
I did get more video but we are going to use it for another big project that we will have ready coming in the spring.

The town is buzzing with theories but nothing solid. I met one man who said he paid no attention to the case and never thought about it...he talked to me about Missy Bever's murder for a while. Missy is on so many people's minds in Midlothian. More info to come.
 
Hi Everyone,

My video camera with the fantastic Midlothian video was stolen out of my bag when I was required to check it while flying to Atlanta. The airline refused to let me carry on (even though it was well under the size of carry on) because I did not purchase the "carryon luggage ticket". WTH???? Anyway so I checked it and when I opened my bag back up I found a note from the TSA saying my bag had been opened and searched. Plus my camera was gone.
I am hoping to open this thread up very soon. In the meantime, you can always check the media thread to see if there is any new info.

TX - Terri 'Missy' Bevers, Dallas 18 Apr 2016 Media & Timeline *NO DISCUSSION*
 
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