Waelder mayor arrested on deadly conduct charge

Waelder Mayor Roy Tovar was arrested by the Waelder Police Department on Saturday, July 1, and charged with deadly conduct discharge of a firearm, a third-degree felony.

According to the Gonzales County Sheriff’s Office, Tovar was assessed a $15,000 surety bond and was released on Sunday, July 2.

The Waelder Police Department confirmed the arrest and declined to comment on the specifics of the case, but stated they had forwarded it to County Attorney Paul Watkins, who also declined comment, citing his office’s policy regarding pending cases.

An individual is considered to be innocent in the eyes of the legal system until he or she has been proven guilty in a court of law beyond a reasonable doubt.

Felony cases forwarded by law enforcement to the county or district attorney are presented to a grand jury to determine if there is enough evidence to indict an individual for the crime with which they have been charged unless the defendant chooses to waive indictment and proceed, as per the Texas Constitution.

The grand jury has the option to no-bill a case or return a true bill if they determine probable cause exists that an offense has been committed. The grand jury can even choose to indict on a lessor charge or misdemeanor offense instead. It is not known how soon a case against Tovar would be presented to a Gonzales County grand jury.

Deadly conduct discharge of a firearm is a third-degree felony punishable by a sentence of two to 10 years in the Texas Department of Criminal Justice — Institutional Division and up to a $10,000 fine.

A convicted felon is disqualified from holding office in the state of Texas. To be qualified to hold office as a mayor of a Type A city (like Waelder) in the state of Texas, a person must have been a resident of the state one yearsprior to filing deadline and a resident of the city one year prior to election day. They must be at least 18 years of age and be a registered voter.

In order to be a registered voter, a person must not be finally convicted of a felony or, if so convicted, must either have fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or have been pardoned or otherwise released from the resulting disability to vote.