WACO — Governor Gregg Abbott announced plans to reform the Texas bail system Tuesday with a proposal to create the Damon Allen Act. Allen was a Texas State Trooper who was shot and killed during a traffic stop on Thanksgiving Day in Freestone County.
Abbott spoke from the DPS Region 6 office in Waco. He said the act will ensure bail is set at an amount that matches the threat posed by accused criminals.
Allen's wife, Kasey, has pushed for reform since her husband was shot and killed during a traffic stop.
The suspect, Dabrett Black, 32, has a history of violence against law enforcement.
In 2015, Black severely beat a Smith County deputy on the side of the road. The deputy suffered a broken nose, two black eyes and needed six stitches to close wounds above both his eyes. Court records show, he served one year in jail after a Smith County prosecutor cut a deal to reduce the charge from a felony to a misdemeanor.
In July of 2017, Black was accused of crashing into a deputy's car during a chase. A judge in that case set Black's bond at 15-thousand 500 dollars. Kasey Allen said the judge didn't know Black's past criminal history against law enforcement.
"The man who killed my husband should have been behind bars not on the road that day, said Allen. "Not a day goes by my family and I don't miss my husband."
Abbott said when setting bail, judges and magistrates should know the full criminal history of the defendant and take it into account when setting the amount.
"Currently there are certain potential threats that a judge must consider when setting bail -- such as the future safety of a victim or the impact on a community," said Abbott. "Under the proposed Damon Allen Act, Texas would add the safety of law enforcement officers to the list of threats the judges must consider when setting bail."
Abbott also called for the creation of a statewide management system so judges and magistrates can have all the information they need before making a ruling on setting bail.
Under the Act, Abbott said only State District Judges would be permitted to set bail for defendants accused of felony offenses and serious misdemeanors dealing with assaults and sexual offenses.
"Unlike some magistrates, district judges are licensed to practice law and they have practiced law for years before becoming a judge," said Abbott. "We must ensure that judges who make these life and death decisions have the training and the knowledge to get these decisions right."
Abbott said he's been working with Allen since her husband was killed to hammer out what he said will be a very powerful reform.