TYLER, Texas — Editor's Note: The attached video is body camera footage obtained from the Smith County District Attorney's Office on July 8, 2022
The trial of a suspended Smith County constable accused of stealing and abusing his power while serving an eviction notice last year has been set for September.
Curtis Traylor-Harris, who was temporarily suspended as Pct. 1 constable in July after a citizen filed a lawsuit to remove him from office, appeared in the 241st District Court Thursday afternoon.
Traylor-Harris, Pct. 1 Sgt. Derrick Holman and former Pct. 1 Chief Deputy LaQuenda Banks were arrested in November and are charged with official oppression and property theft. Due to bond violations, Traylor-Harris has been in the Gregg County Jail since May on a $1 million bond.
Judge Jack Skeen Jr. set the former constable's trial for Sept. 19.
Smith County District Attorney Jacob Putman said the state would be ready for the September date.
Traylor-Harris' lawyer argued there would be a scheduling conflict on that date. Skeen said the lawyer could file a motion for continuance if he would like, but Traylor-Harris' trial date is specially set for Sept. 19.
"Here's a conflict. I'm gonna specially set it for Sept. 19," Skeen said.
The defense then asked for a bond reduction, saying that Traylor-Harris is indigent and cannot afford the bond. Putman then noted the bond was raised due to a violation of written conditions.
Skeen said that the bonds of $500,000 for each charge will remain in place.
During a July 7 hearing for the lawsuit, a visiting judge in the 114th District Court ordered a temporary suspension for Traylor-Harris after the state made the request due to "official misconduct" in connection with his criminal allegations.
In June, Lester Melontree filed the lawsuit noting Traylor-Harris and his two deputies' criminal charges and Traylor-Harris' multiple bond violations. He wrote that Traylor-Harris' actions amount to "gross carelessness."
Putman said permanent removal could occur either through criminal conviction in the 241st District Court or the civil case proceedings.
Ralph Carraway Jr., an investigator with the Smith County District Attorney's Office, was then appointed as the acting constable. At the time, Traylor-Harris argued none of the claims have been proven true through a conviction.
An arrest affidavit obtained in November 2021 details Banks' body camera footage of Traylor-Harris, Banks and Holman stealing several items from a Tyler residence in late January last year while the resident, who was receiving an eviction notice, was away.
The stolen items included watches, ammunition, cash, Oakley sunglasses, Ray-Ban sunglasses, makeup and a safe containing antique coins, quarter collection, military medals, a diploma, a birth certificate and a social security card, the affidavit read.
Texas Ranger Chris Baggett in July estimated the value of the items totaled roughly $750. He said the officers gained entry into the house through a court-ordered eviction notice.
In his questioning of Baggett, Traylor-Harris said his attention was not set on Banks, who was taking watches out of boxes, when inside the residence. Traylor-Harris said he and his deputies were searching the home for drugs.
Baggett testified that Traylor-Harris could be seen taking money and placing it into a box.
Baggett testified that Banks was the only person seen taking items from the home. He also that noted the video came from Banks' body cam and he couldn't see what happened outside of that footage.
He said that Banks returned a majority of the items taken from the home.
Holman's trial is set for Oct. 24. Banks has a plea hearing set for Aug. 23.
Last December, the Texas Commission on Law Enforcement suspended all three of their peace officer licenses. Because of the suspension, Banks and Holman cannot work or have authority as peace officers.