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Colorado County

AG Complaint: CCSO Claimed 'No Records' for Employees Named in a State Investigation

May 08, 2026 5 min read

Submitted to the Texas Office of the Attorney General, Open Government Division, May 8, 2026. OAG Complaint No. OR-26-024051-IC.

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May 2, 2026

VIA ONLINE SUBMISSION / EMAIL

Office of the Attorney General of Texas Open Government Division P.O. Box 12548 Austin, Texas 78711

Re: Complaint — False “No Responsive Records” Response Colorado County Sheriff’s Office Request Dated April 23, 2026 Response Dated April 30, 2026

I. Nature of Complaint #

On April 23, 2026, I submitted a Public Information Act request to the Colorado County Sheriff’s Office pursuant to Tex. Gov’t Code Chapter 552 seeking employment records, salary records, disciplinary records, use of force reports, and misconduct investigations for Lieutenant Holly Smith and Jailer Perla Flores.

On April 30, 2026, the Colorado County Sheriff’s Office, through Administrative Assistant Eugenia Behrens, responded claiming “No Responsive Records” exist for all five categories of requested information for both named employees.

This response is demonstrably and provably false. I am filing this complaint pursuant to Section 552.353 of the Texas Government Code and requesting that the Attorney General investigate and take appropriate action.

II. The Response Is Demonstrably False #

The claim that no responsive records exist for Lieutenant Holly Smith and Jailer Perla Flores is refuted by the Colorado County Sheriff’s Office’s own documents and by the State of Texas’s own investigative record:

Texas DPS Case No. 2026-0002467 — A Texas Ranger investigation conducted at the request of Sheriff Justin Lindemann — identifies Lieutenant Holly Smith and Jailer Perla Flores by name, rank, and employing agency as employees of the Colorado County Sheriff’s Office. The Ranger’s supplemental reports reference Smith’s title, role, and actions in her official capacity on January 19, 2026. Notably, the grand jury indictment arising from this same incident names Faith Marie Bannert — a third CCSO employee not identified as a victim anywhere in the Ranger’s investigation — raising additional serious questions about the integrity of both the investigation and the prosecution. Regardless, Smith and Flores are unambiguously identified as CCSO employees in the state’s own investigative record. The claim that no employment records exist for either individual is false.

TCOLE Records — The Texas Commission on Law Enforcement maintains licensing records for both individuals confirming their employment at the Colorado County Sheriff’s Office. These are public records that independently verify the employment of both Smith and Flores at CCSO.

Email Records — Captain Ashley Laake’s official CCSO email communications reference Lieutenant Holly Smith by name and title, copied on official correspondence sent from the CCSO domain as recently as January 13, 2026.

A governmental body cannot simultaneously identify employees by name and title in official criminal proceedings and official correspondence while claiming no employment records exist for those same employees in response to a Public Information Act request. These positions are irreconcilable.

III. Failure to Seek AG Ruling #

Under Section 552.301 of the Texas Government Code, if a governmental body believes requested information is excepted from disclosure, it must seek a ruling from the Attorney General within 10 business days. The Colorado County Sheriff’s Office did not seek an AG ruling. Instead it claimed the records do not exist — a claim that is false on its face.

If the records exist but are claimed to be exempt, the proper procedure is to submit them to the AG for a ruling. Claiming the records do not exist when they plainly do is not a permissible response under the Act.

IV. Pattern of Obstruction #

This false response does not occur in isolation. The Colorado County Sheriff’s Office has a documented pattern of obstruction in response to Public Information Act requests, including:

  • Active dockets pending before the AG on multiple prior requests
  • AG rulings already issued requiring production of records that have not been produced
  • Outside counsel J. Eric Magee of Allison, Bass & Magee making material misrepresentations to this office in OR2026-017060 regarding the nature of a Texas Tort Claims Act notice
  • A retaliatory grand jury indictment naming a jailer not identified in the state’s own Ranger investigation, obtained shortly after formal civil litigation notice was served on the county

The false “no responsive records” response regarding Smith and Flores is consistent with a deliberate pattern of obstruction designed to shield information relevant to pending civil rights litigation.

V. Relief Requested #

I respectfully request that the Attorney General:

  1. Investigate the false “no responsive records” response as a potential violation of Section 552.353 of the Texas Government Code
  2. Compel the Colorado County Sheriff’s Office to produce all responsive records for Lieutenant Holly Smith and Jailer Perla Flores
  3. Refer the matter to the appropriate authority for criminal prosecution under Section 552.353 if warranted
  4. Consider the pattern of obstruction documented above in any enforcement action

VI. Supporting Documentation #

Available upon request:

  • April 23, 2026 TPIA request
  • CCSO’s April 30, 2026 response
  • Texas DPS Case No. 2026-0002467 identifying Smith and Flores by name and title
  • Captain Laake email correspondence on CCSO domain referencing Smith
  • TCOLE licensing records for Smith and Flores
  • AG ruling OR2026-017060
  • Grand jury indictment naming Faith Marie Bannert

Respectfully submitted,

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Correspondence #

Primary email correspondence for this record.

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