TYLER, Texas — A Texas Ranger said he believed suspended Pct. 1 Smith County Constable Curtis Traylor-Harris was in on the alleged theft that was captured on video in January last year.
The prosecution rested its case in the trial Wednesday, and the defense presented evidence and witnesses. Testimony will continue Thursday morning.
Traylor-Harris is charged with official oppression and property theft by a public servant for the alleged January 2021 theft while serving an eviction notice along with Pct. 1 Sgt. Derrick Holman and former Pct. 1 Chief Deputy LaQuenda Banks.
Traylor-Harris pleaded not guilty to the charge of property theft by a public servant in the 241st District Court Tuesday morning.
An arrest affidavit details body camera footage of Traylor-Harris, Holman and Banks stealing several items from a Tyler residence in late January last year while the resident, who was receiving an eviction notice, was away.
Traylor-Harris was temporarily suspended from the constable position this July after a citizen filed a lawsuit seeking to remove him. If convicted, he'll be permanently suspended.
On Wednesday, Texas Ranger Chris Baggett, who investigated the alleged theft, testified about his investigation and Banks' body camera footage of the Jan. 26, 2021 eviction.
Baggett points out Traylor-Harris in the body camera video wearing his uniform and badge. He said Traylor-Harris appears to be giving Banks a watch from his hand.
Traylor-Harris appears to say "take that (expletive)" to Banks when referring to a watch box, Baggett testified.
Baggett said Holman can be heard saying, "where the cash at" and Banks says, "oh, he got that." Baggett testified he believes the "he" she was referring to was Traylor-Harris.
The Texas Ranger said he believes Traylor-Harris was in on the alleged theft.
Traylor-Harris appeared to take out "a wad of money" from his shirt pocket in the video. Baggett said none of the items, except one wallet, were returned soon after the eviction.
In the video, the constables can be seen finding drugs in the residence. Baggett testified the finding of those substances could make the family an "easy target" for theft.
Baggett said after interviewing those involved and investigating, he said he had enough information to obtain arrest warrants. Banks returned some items after her arrest in November 2021, Baggett testified.
Baggett testified Banks can be seen putting makeup, glasses and other items inside her shirt, and he did not see Traylor-Harris taking items like those.
Baggett said Banks didn't tell him in interviews that her job would be in jeopardy if she didn't take the stuff. He said Banks wasn't forthcoming in her early interviews but became more open slowly.
While on the witness stand Tuesday, Banks claimed Traylor-Harris told her to “take what you want” and said she was forced to do steal the items at the home.
Banks didn't say in any interviews she was forced to participate in theft, Baggett testified.
Following Baggett’s testimony, the state rested its case.
Sgt. Ash Harmon, formerly with the Colin County Pct. 1 Constable's Office, testified as an expert witness for the defense. He said he has been a part of several evictions and writs of possession in his career.
He testified the most important thing to do is keep the peace when serving an eviction.
Harmon was asked to watch the body camera footage that captured the eviction Traylor-Harris, Banks and Holman were a part of on Jan. 26, 2021.
Traylor-Harris appeared to focused on searching for narcotics and it didn't look like he was doing anything improper, Harmon said. He testified that he saw Banks concealing items into her shirt, which he said was improper.
It appeared Banks wanted to steal the items that were concealed in her shirt, Harmon said. In his view of the video, Harmon testified he did not see Traylor-Harris take anything illegally.
Harmon testified he did not watch Traylor-Harris' body camera video as he was not wearing one. Harmon watched the body cam videos three times each.
The defense recalled Baggett to the stand, and Traylor-Harris' lawyer asked that Baggett be declared a hostile witness.
Baggett said he based his opinion that Traylor-Harris saw Banks take items from the house on what he saw in the body cam video.
The attorneys held a hearing outside of the jury's presence with Darren Lubee, with Private Investigation Endeavors and former Texas Department of Public Safety trooper, who reviewed the videos for the defense and investigated the case.
Lubee said based on his review, Banks and Holman should be the only ones charged with a crime, not Traylor-Harris. In his opinion, Banks and Holman exhibited deceptive behavior while Traylor-Harris did not.
Lubee testified he's gained experience detecting deceptive behavior through undercover narcotic investigations. He watched the body camera video of the eviction three to four times.
The state objected to Lubee's testimony and Judge Jack Skeen Jr. approved the objection.
The defense requested that the trial recess until 9 a.m. Thursday for the remainder of the defense's witnesses. Skeen approved the recommendation.