How the Aaron Dean murder trial can be moved outside of Tarrant County

David Montesino
·2 min read

A jury could well be impaneled today or Friday in the murder trial of former Fort Worth police officer Aaron Dean.

Judge George Gallagher divided the original jury pool of almost 200 people Monday into two groups based on their exposure to media coverage of the case.

Gallagher has said that he will wait to see how jury selection progresses before making a final ruling on a defense motion for a change of venue, which, if granted, would move the trial out of Tarrant County.

Conditions for a change of venue in the Dean murder trial

1) A change of venue motion may be granted by the court if, in affidavits, the accused and at least two credible individuals who live in Tarrant County can support one of the following facts:

  • There is an overwhelming prejudice against the accused in the county the case is being heard that the defendant cannot get a fair and impartial trial.

  • There is collusion among influential people in the county against the accused that the defendant could not reasonably expect a fair trial.

The presiding judge will determine if the standard has been met.

2) A change of venue may be granted for the convenience of participants and witnesses in the case in the interest of justice. The prosecutor must consent to the defendant’s motion.

3) A change of venue may be granted when the accused stipulates to a guilty plea.

The judge can order a change in venue

The presiding judge in any felony or misdemeanor case that is punishable with imprisonment, according to the Texas Code of Criminal Procedure, can order a change of venue if:

  • He deems a fair and impartial trial cannot be conducted in the county the case was initiated.

  • After giving the defendant and prosecutors a 10-day notice.

“However, an order changing venue to a county beyond an adjoining district shall be grounds for reversal if, upon timely contest by the defendant, the record of the contest affirmatively shows that any county in his own and the adjoining district is not subject to the same conditions which required the transfer,” according to Chapter 31 of the Texas Code of Criminal Procedure.