Nov 2023. Blues Vol 39 No. 11

who presided over Dial’s preliminary
hearing, said she agreed
with that argument when she
moved to dismiss all charges
against Dial last month.
Prosecutors immediately appealed
that decision, setting the
stage for Wednesday’s hearing
before Ransom.
During the proceeding, Retacco
said it was simply not true that
Dial’s partner, Michael Morris,
had yelled gun. At Dial’s preliminary
hearing, she said, Morris
repeatedly testified that he had
warned Dial that Irizarry was
holding a knife.
It wasn’t until he was
cross-examined by McMonagle
that Morris said it was “fair” to
suggest that an audio recording
of the events made it sound as if
someone had yelled gun before
Dial opened fire.
And in either case, Retacco
said, such a critical factual
dispute was not a matter to be
decided at this early stage of the
case.
Former Lt. Philip Fairchild
50 The BLUES
FORMER LIBERTY POLICE
LIEUTENANT CHARGED WITH
ABUSE OF OFFICIAL CAPACITY
By Bluebonnet News
LIBERTY COUNTY, TX. – Philip
“Chip” Fairchild, a retired lieutenant
for Liberty Police Department,
is facing a charge of Abuse
of Official Capacity.
Fairchild surrendered Friday to
authorities and was booked into
the Liberty County Jail. He has
since been released while the
case works its way through the
court system.
According to sources close to
the case, Fairchild is accused of
running background checks for
local businesses using software
licenses owned by Liberty Police
Department.
Fairchild reportedly performed
the background checks for pay
an amount estimated to be
between $2,500 and $30,000
based on the charge.
The case is being investigated
by the Texas Rangers. No other
information is available at this
time.
FLA. DEPUTY SHOT IN HEAD
DURING TRAFFIC STOP HOPES
TO RECEIVE $10M IN LOST
WAGES, MEDICAL BILLS.
By Shira Moolten,
South Florida Sun-Sentinel
BROWARD COUNTY, FL. — Over
sixteen years ago, Maury Hernandez
was shot in the head
while conducting a traffic stop
on a man who was supposed to
be in jail.
This year’s legislative session
will mark the former Broward
Sheriff’s deputy’s fourth attempt
to receive $10 million in lost
wages and medical bills from
the state of Florida, and his
supporters believe that he will
succeed.
“I really believe this is going to
be the year,” said Matt Cowart,
the BSO union president, who
spoke on Hernandez’s behalf
Saturday. “I can feel it from the
dialogue with the legislature. I
know we’re going to right this
wrong after 16 years.”
Though it’s often described as
a miracle that Hernandez survived
the shooting that day in
2007, his past efforts to receive
compensation from the government
have proved less miraculous.
Hernandez has permanent
brain damage and is partially
paralyzed, but his insurance
provider stopped paying for his
medical treatments, according to
Cowart. His workers’ compensation
provider has filed a $1 million
lien against him. And though