Democrat DA in Texas Rescinds Policy to Not Prosecute Thefts Between $100 and $750

Dallas County District Attorney John Cruezot of Texas. Dallas County

Dallas County District Attorney John Cruezot on Monday announced he would rescind his policy not to prosecute Class B misdemeanor thefts of necessary items between $100 and $750.

The Democrat DA said he made the decision to end the policy based on data analysis showing the policy had no effect on crime.

“Through data analysis and conversation with community organizations, retailers, and independent loss prevention specialists, I found the policy had zero effect on crime in the community - positive or negative,” Cruzeot said in a press release. (pdf)

A request for information from the DA’s office about the data had not been answered at the time of publication.

“This policy targets a very narrow class of offense and was instituted in an effort to decriminalize poverty, but instead, the policy has been misrepresented and politicized, and those who have done that have created a sense of mistrust about this office,” he continued. “Keep in mind, thefts under $100 are Class C Misdemeanors and do not come to the DA’s office, rather they are handled in Municipal Court.”

The theft policy was part of Cruezot’s “sweeping justice reform policies” plan in April 2019 to reduce incarcerations. (pdf)

The decision to change the policy came less than two weeks after winning a second term. Cruezot garnered 60 percent of the vote over Faith Johnson, a Republican predecessor who was appointed by Gov. Greg Abbott to replace DA Susan Hawk in 2016. Johnson has lost two runs against Cruezot.

Criticism of Policy

Cruezot’s policy drew swift criticism and a call to step down from the Combined Law Enforcement Associations of Texas, the state’s largest police union, The Texas Tribune previously reported.

On April 19, 2019, Gov. Greg Abbott and Attorney General Ken Paxton sent an open letter to the DA reminding him of his oath and asking him to reconsider.

“Reform is one thing. Actions that abandon the rule of law and that could promote lawlessness are altogether different. Texas law gives criminal district attorneys the duty to enforce the laws Legislature writes,” they wrote. “It grants no power to criminal district attorneys to categorically rewrite the law. Constitutionally, ‘reforming’ state law is the province of the Legislature.”

“We hope that you reconsider your position and will take seriously your oath and your charge to enforce Texas law.”

A Dallas police car and an emergency response vehicle sit in a parking lot in Dallas, Texas, in this file photo taken on Oct. 16, 2014. Mike Stone/Getty Images

The DA said his reversal is in keeping with his campaign promise to revisit the policy if he was re-elected.

“I want the people of Dallas County and our partner police agencies to know that I have heard their concerns, and I will change when change is needed, so to that end, I am rescinding the policy,” Cruezot said.

He went on to add that his office faced untrue accusations regarding the policy, including that it allowed thefts of television, motorcycles, and catalytic converters, as well as forcing businesses to close. (pdf)

The Dallas Police Department said it would continue making arrests for crimes when appropriate.

“If a person is found to have committed a crime in the city of Dallas, DPD will continue to make arrests when appropriate. That is, and remains, our stance, along with partnering with other agencies and departments to hold individuals accountable and protect and serve the people of this city,” the Dallas Police Department said in a statement to The Epoch Times.

Cruezot said the policy change is effective immediately.