Texas criminal justice employees disciplined after Dallas parolees jailed in murder cases

Two employees of the state’s criminal justice system were recommended for termination and others were disciplined after two men on parole with ankle monitors were arrested on murder charges in Dallas, according to a report released Wednesday by the governor’s office.

The report, authored by the Texas Board of Pardons and Paroles and the Department of Criminal Justice, outlined legislative recommendations — just before the Legislature convenes this month — to prevent lapses in the state’s parole oversight process. Recommendations included a criminal charge for people who cut off ankle monitors and law enforcement prioritizing arrest warrants for parolees under the highest level of supervision.

The report did not find fault with the parole board’s decision to release the two men, who were both serving time in prison for aggravated robbery convictions.

Gov. Greg Abbott last month directed the agencies to probe whether mistakes occurred in the supervision of Nestor Hernandez and Zeric Jackson. The agencies submitted the report to the governor. Both agencies confirmed they submitted the report, but declined to comment about their findings. They said they started investigating before Abbott’s directive.

The report did not detail whether other parolees with ankle monitors have been accused of murder or other violent crimes in recent years. Abbott did not request the agencies investigate the matter.

In a letter to Lt. Gov. Dan Patrick and state Speaker of the House Dade Phelan, Abbott wrote, “It is clear that the ankle monitors, a condition of their parole, were not effective in deterring or otherwise preventing these individuals from going on to commit violent crimes, resulting in three innocent lives being lost.”

Hernandez is charged with capital murder in the fatal shooting Oct. 22 of nurse Katie Annette Flowers and social worker Jacqueline Ama Pokuaa at Methodist Dallas Medical Center. Hernandez wore an ankle monitor and had permission to be at the hospital for the birth of his child. Police said he accused his girlfriend of cheating on him, assaulted her, then shot Pokuaa when she went into the room to provide routine patient services. Flowers then looked inside the room and also was shot, police said.

Hernandez was paroled in October 2021 after he served 80% of an eight-year prison sentence. He had previously violated curfew, but only spent 12 days in jail because of insufficient evidence, the report says. He later cut off his ankle monitor, which led to an additional 100 days confinement in the months before the Methodist shooting, the report says. Cutting off an ankle monitor is currently not a criminal offense, but rather an administrative violation.

Jackson faces a murder charge in the slaying of 39-year-old Brian Dillard, who was killed in Lake Highlands two weeks after the hospital shooting. Dillard was with Jackson’s girlfriend, who told police she was in the shower when she heard a loud bang and found Dillard on the floor with the front door propped open against him, according to an affidavit. Police said Jackson’s ankle monitor placed him at the home on Nov. 3 around the time of the shooting.

The state probe found Jackson made 16 unapproved visits while on parole to his girlfriend’s home, which is where the slaying occurred. Jackson completed 95% of an 18-year prison sentence when he was released on parole in May of last year. He’d been denied parole four times, but was released after the fifth review. He was placed under the highest level of supervision, the report says.

The killings last fall spurred widespread scrutiny over the use of ankle monitors, which were criticized by Dallas police, prosecutors, the ACLU, researchers and residents. Police say ankle monitors don’t effectively keep violent criminals in line, while the ACLU and researchers argue they aren’t actually rehabilitative. Dallas County District Attorney John Creuzot has said most people comply while on electronic monitoring, but “we have also seen far too many times someone cut off their monitor and proceed to break the law.”

The state audit led to disciplinary action against five employees who oversaw Hernandez’s case, according to the report. Two of those employees left TDCJ during the disciplinary process, two were disciplined and one was recommended for dismissal, the report says. Jackson’s parole officer was also recommended for dismissal for not properly checking GPS coordinates and failing to follow policy. No additional information about the employees’ statuses and why they were disciplined were immediately available.

“We recognize the importance of our role in the Criminal Justice System and strive to carry out our missions to ensure public safety,” the report said of TDCJ and the parole board, adding, “our agencies will continue to improve upon our operations and minimize risk to the public.”

TDCJ said it re-trained Dallas parole officers and the parole division will conduct unannounced field audits and review supervision policies. The agency said it’s “instituting changes in its oversight department” to enhance its review processes, but did not elaborate. TDCJ plans to pilot a new supervision model “that is a team approach rather than parole officer specific,” according to the report, which did not provide further detail.

Abbott said in his letter Wednesday to Patrick and Phelan “it is clear legislative action is needed.” Patrick and Phelan’s offices did not immediately respond to requests for comment.

Abbott’s letter added, “Texas cannot allow violent criminals who jeopardize public safety back into our communities.”