D-200,185
Comes now, Tammy Reeves, Petitioner, (also referred to herein as Reeves) and
files this petition for pre-suit depositions as allowed pursuant to Tex. R. Civ. P. 202. In
1.
statements, allegations, requests, and facts contained in her Application for Temporary
2.
Tammy Reeves is the surviving spouse of Dennis Reeves. On May 23, 2017,
Dennis was the principal on the high school campus of Kirbyville High School. On that
afternoon, Dennis was found dead in his pickup, a victim of a gunshot to his head.
Tammy, the two sons of Dennis and Tammy, and Dennis parents have been unable to
obtain full, complete, accurate or truthful answers concerning the facts and circumstances
that preceded or led to this tragic occurrence. On June 5, 2017, this family obtained a
Temporary Restraining Order from this Court in an effort to preserve various items of
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evidence that would or may shed light on that occurrence. That Order remains in full
3.
Petitioner invokes Tex. R. Civ. P. 202 which allows for depositions to perpetuate
or obtain testimony of that of any other person for use in an anticipated suit or to
investigate a potential claim or suit. Rule 202.1 (a) and (b). Jurisdiction and Venue is
proper in this Court pursuant to Rule 202.1(b)(1) and (2). In particular, venue of any
anticipated suit may lie in this Court; likewise, one or more witnesses reside in Jefferson
County, Texas.
4.
As stated in her prior filings herein, Reeves at this point in time, is not seeking or
anticipating an action for monetary damages. She seeks one thing: answers, providing
that those are truthful answers. In this respect, Reeves seeks to investigate one or more
potential claims by her regarding the events that have led to the death of her husband.
5.
These depositions will, or may, prevent a failure or delay of justice and, more
importantly, likely provides a result and benefit that outweighs the burden or expense of
the procedure.1 That includes the full breadth by which depositions may be taken or
1For example, if Rule 202 relief is denied, Petitioners only avenue of relief would be the more costly, and
burdensome, discovery that a full blown lawsuit would dictate. Petitioner asserts that Rule 202 exists to
prevent this precise result.
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subpoena duces tecum. The use of these tools at this juncture provide Petitioner with the
6.
Tammy Reeves has been provided no official information regarding her husbands
death or the circumstances that led to it. This includes information from her husbands
employer, the investigating law enforcement agencies or any other person or entity
investigating these events. At best, she has information or belief and the informal
information that her retained counsel has obtained. This is insufficient for her and her
counsel to evaluate, and determine the existence of, any potential claim(s). Clearly, there
has been a pattern of misinformation instigated by certain individuals that has impaired
school board president (Chad George), the Kirbyville mayor (Frank George)
statement claiming an affair with Dennis Reeves. This was the same claim that
had been denied more than one (1) year earlier and the same claim that both
2See Rule 202.5 (authorizing depositions as are allowed of nonparties in a pending suit). The rule also
provides for protection from any unfair use of the depositions in any subsequent suit or action. Id.
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then-superintendent (Richard Hazlewood) and assistant superintendent
(Georgia Sayers) determined to have no validity. Counsel for KCISD and its
employees (including Wallis and Sayers) have now filed pleadings in this Court
accusation was false and, like so many other things, manipulated or invented
by others.
(3) Failure of Respondents to produce the alleged statement written by the former
secretary.
(4) Destruction, alteration and manipulation of materials located within the office of
Dennis Reeves at or shortly after the time of Dennis Reeves funeral. This was
(5) Petitioners distrust of Dr. Wallis handling and destruction of documents is now
(6) Removal of materials from the KCISD campus after this Court had entered its
KCISD employee.
(7) Refusal of Wallis, or KCISD, to provide information regarding the vetting and
hiring of Wallis. Within the span of 48 hours, members of the school board
3KCISDs difficulty with the truth is amazing. Wallis tells the media one thing and the police another. Their
attorneys now tell a third story regarding the confrontation with Dennis Reeves. Their efforts to hide and
change the truth is stupefying and, perhaps, deserving of sanctions / contempt of court.
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claimed polar opposites: (a) yes, we did vet him with Bryan ISD to (b) no, we
(8) Failure to produce, or to even offer to produce, any of the documents, materials
(9) Failure to produce the alleged complaints set forth in Respondents Plea to the
Jurisdiction.
These are just a part of the reasons pre-suit investigation and discovery is needed.
Tammy Reeves, and her family, are entitled to make decisions affecting their lives based
7.
appeared herein and service of this Rule 202 Petition has made in
have already appeared herein and service of this Rule 202 Petition has
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3. Dr. Thomas Wallis, the superintendent of KCISD. Dr. Wallis was one of
the two persons who met with Dennis Reeves shortly before his death. He
is believed to be one of the last two people to see and talk with Dennis
Reeves before his death. Dr. Wallis also removed materials from Mr.
Reeves office following his death. Dr. Wallis, based on prior history, did or
herein and service of this Rule 202 Petition has made in accordance with
Rule 21a.
Bryan ISD Board of Trustees at 101 North Texas Avenue, Bryan, Texas,
77803.
Board of Trustees and the Board President at the time of Thomas Wallis
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departure from Bryan ISD and the efforts (or lack thereof) by KCISD to
investigate or vet Wallis before his hiring at KCISD. This respondent may
at Bryan ISD while Thomas Wallis was employed there. It is believed that
this witness has knowledge of facts and circumstances that led to Wallis
departure from Bryan ISD. This respondent may be served at 101 North
was one of the two persons who met with Dennis Reeves shortly before his
death. She is believed to be one of the last two people to see and talk with
Dennis Reeves before his death. Ms. Sayers is also believed to have
appeared herein and service of this Rule 202 Petition has made in
8. Ms. Marcia Morgan, the former secretary for Dennis Reeves. Ms. Morgan
at or near the time of his death. Ms. Morgan also advised Dr. Thomas
Wallis, Georgia Sayers and others that Dennis Reeves would kill himself if
those allegations were made public. This respondent is being served by and
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9. Dwanna Rasnick, a KCISD employee and the direct supervisor of Marcia
had been the assistant principal at Kirbyville High School when Dennis
Reeves was hired as principal. Dustin Rutherford, jealous that he was not
This respondent has already appeared herein and service of this Rule 202
11. Staci Rutherford, the wife of Dustin Rutherford and a KCISD employee.
12. Chad George, the president of KCISD Board of Trustees. Mr. George held
that position at the time Dr. Wallis was hired as superintendent and would
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was participatory in the efforts to remove Mr. Reeves as principal. Some
evidence indicates that Chad George was the first person contacted by
Thomas Wallis after Dennis Reeves body was discovered. Other evidence
indicates that Mr. George was already on the high school campus. This
respondent has already appeared herein and service of this Rule 202
13. Joey Davis, the vice-president of KCISD Board of Trustees. Mr. Davis held
that position at the time Dr. Wallis was hired as superintendent and would
have first-hand knowledge of those events. It is also believed that Mr. Davis
also believed to have obtained information from Marcia Morgan, and others,
respondent has already appeared herein and service of this Rule 202
14. Clint Smith, a member of KCISD Board of Trustees. Mr. Smith held that
position at the time Dr. Wallis was hired as superintendent and would have
first-hand knowledge of those events. It is also believed that Mr. Smith has
respondent has already appeared herein and service of this Rule 202
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15. Joseph Brecht, a member of the KCISD Board of Trustees and may have
been its President when Dennis Reeves was hired as principal. It is also
Dennis Reeves and was participatory in the efforts to remove Mr. Reeves
16. Frank George, mayor of The City of Kirbyville. Mayor George was the first
person contacted by his son, Chad George, regarding the death of Dennis
Reeves. It is also believed that Mayor George contacted the Kirbyville Chief
17. Paul Brister, the Chief of Police for The City of Kirbyville. Chief Brister was
reports, Chief Brister (along with one other) was the first law enforcement
person to arrive on the scene. It is believed that Chief Brister, along with
those at this direction and control, investigated this incident and took various
18. Josh Hancock, a sergeant with The City of Kirbyville Police Department.
According to reports, Sgt. Hancock (along with Chief Brister) was the first
Hancock investigated this incident and took various items into his/the
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19. Mike Smith, Justice of the Peace for Pct. 3 of Jasper County, Texas. Mr.
Texas 75956.
Dennis Reeves office on the day of Mr. Reeves death to change the locks
on that office door. It is believed that his route would have passed by Dennis
attorney.
21. Jimmy Gaspard, the I.T. Director at KCISD. Mr. Gaspard should have
attorney.
22. Lt. Col. Charles Simmons, the assistant principal at Kirbyville High School
at the time of Dennis Reeves death. Lt. Col. Smith was the assistant
before and after Dennis Reeves death. This respondent may be served at
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statement regarding Dennis Reeves. It is also believed that Ms. Fountain,
death. She is the mother of Amy Brockman Fountain and wife of Bill
School. It is believed that she has knowledge of the events that transpired
of the events that transpired prior to the death of Dennis Reeves. This
26. Sherry Fussell, secretary for Dennis Reeves at the time of his death. Ms.
Fussell has knowledge of the events and circumstances that transpired prior
27. Tara Bush, receptionist at Kirbyville High School. Ms. Bush has knowledge
of the events and circumstances that transpired prior to the time of Dennis
attorney.
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28. Candace Jackson, a teacher at Kirbyville High School at the time of Dennis
Reeves death. Ms. Jackson is believed to have been the last person to
have talked to Dennis Reeves before Thomas Wallis and Georgia Sayers
entered his office late on the afternoon of May 23, 2017. She also has
knowledge of the events and circumstances that transpired prior to the time
her attorney.
affair between Dennis Reeves and Marcia Morgan. He also has knowledge
of the events and circumstances that transpired prior to the time of Dennis
Texas 75956.
30. Region 5 Education Service Center was, and is, an entity located in
KCISD. It is anticipated that this entity will testify through its custodian(s) of
Dennis Reeves. This respondent has appeared herein for all purposes and
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31. Danny Lovett was, and is, the executive director for co-Respondent,
for all purposes and is being served by and through his attorney.
All persons who have not appeared or who have not heretofore been served will
be served pursuant to Rule 202.3 (a) and in accordance with Rule 21a. All such persons
have knowledge of facts and circumstances surrounding the death of Dennis Reeves as
well as the facts and circumstances that led to same. Petitioner further desires to include
a subpoena duces tecum requiring the production of documents, materials and other
tangible things that (a) are set forth in the Courts Temporary Restraining Order and (b)
may be relevant to the inquiry made the basis of this Rule 202 Petition.
8.
Petitioner requests an Order allowing and authorizing her and her legal
requests that the Court set a date and time for each such deposition as well as a location.
Petitioner also requests that the Courts Order set forth any and all procedures necessary
granted, that she have the relief requested herein and for all other and further relief,
special and general, at law and in equity, to which Petitioner may be justly entitled.
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Respectfully Submitted,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been
furnished to all counsel on this 13th day of June, 2017, by electronic service, in accordance
with Tex.R.Civ.P.
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