The former municipal judge of Trinidad, Shellena Bivens, is contemplating legal action against the city following her dismissal last Thursday. Bivens asserts that her termination was a retaliatory measure for dropping charges against a protestor who was speaking out about the city’s water quality issues.
This incident marks a significant turning point in a saga that has unfolded over concerns regarding water quality, leading to arrests that raise free speech issues, multiple firings of city employees, and various lawsuits against both the city and its police department.
Judge Bivens Speaks Out
“I didn’t want to be on the news. I didn’t want to be the center of this Constitutional crisis over the 1st Amendment,” Bivens expressed, emphasizing her commitment to her role as a judge. “I’m a good judge. I’m a damn good judge,” she stated.
The protestor in question, Winston Noles, faced arrest for misdemeanor disorderly conduct after displaying a sign that criticized law enforcement. Bivens defended her decision to dismiss the charges against him, asserting that there was no evidence to support the claims that the city’s Water Clerk felt threatened by Noles’ actions.
“He was peacefully protesting,” Bivens remarked. “He didn’t break the law.” Her decision came just a week prior to her termination.
Noles’ protest was aimed at highlighting the arrest of another individual, Jennifer Combs, who had been charged after posting on social media about the poor water quality in Trinidad, which she claimed had led to hospitalizations. Bivens noted that there has been increasing concern regarding the water supply.
Legal Ramifications and Community Response
Despite no confirmed cases of hospitalization linked to the city’s water, the arrests have spurred significant worries about free speech. Bivens and her legal counsel are now contemplating a lawsuit against the city, arguing that her firing was devoid of proper cause and due process.
Ryan Franceschina, an attorney representing Bivens, stated, “The issue we have here is that she was let go, without cause, without even a reason given — without due process.” Bivens had been serving as Trinidad’s municipal judge since 2021, with her term slated to conclude in December 2027.
The sequence of events surrounding her firing unfolded amid a backdrop of multiple arrests and legal actions connected to the city’s water quality issues. On May 20, it was reported that Combs was charged with a felony after her Facebook post regarding the water sparked allegations of creating public panic. Trinidad Police Chief Charles Gregory defended the department’s actions, claiming the post was misleading.
A Henderson County grand jury subsequently declined to indict Combs, who has since filed a federal lawsuit against Trinidad and Gregory for what she alleges was deliberate political retaliation.
Community Initiatives and Ongoing Investigations
In a related development, two former employees of Trinidad have filed their own lawsuits against the city, asserting they were wrongfully terminated after refusing to provide false information about the protests. One of these former employees claims she was dismissed for not corroborating a fabricated narrative intended to justify Noles’ arrest.
As the Texas Commission on Environmental Quality investigates the complaints about the city’s water, two community members are organizing independent water testing for residents affected by the ongoing controversies.
At a recent city council meeting where Bivens was dismissed, the critical issue of water quality was notably absent from discussions. An attorney representing Combs conveyed serious concerns about the police department’s integrity, directly addressing Chief Gregory about his conduct.
In light of these unfolding events, Trinidad Mayor Dennis Haws suggested that an investigation by the Texas Rangers into the city’s police practices may be warranted.
Residents who wish to participate in free water testing can reach out via email for more information.
