by Michael Robinson | Uvalde Hesperian
editor@uvaldehesperian.com
Top picture by Robinson
Uvalde County Attorney John Dodson filed an incident report against City of Uvalde resident Diana Olvedo-Karau over a Facebook post she made where, according to the report, Dodson stated he currently entered his candidacy for re-election for Uvalde County Attorney. Dodson claims Karau posted his residence on social media (Facebook and YouTube) and he is concerned that may cause issue or put his life and family in harm.
In a Facebook post by Diana Olvedo-Karau on February 18th, 2024, Karau wrote,
“Craig Garnett, Uvalde Leader News, chose did not ask my question; not surprised.
BUT, the day after the debate I received a call from a Corporal Hill with the Uvalde Police Department advising me that John Dodson had filed a police report stating that I had violated Penal Code 42.074.
Hill went on to state that Dodson did not want to file charges (I don’t believe that can happen without due process), but that Dodson wants me to take down this FB post. Hill framed his remarks to me in a manner that left me believing that this was an effort to use power & authority to intimidate me into removing this FB post.
After the call from Hill I reviewed the statute and found that in his remarks to me, Hill had left out an important part of the statute , ‘with an intent to commit or incite harm’. I called Hill back to make it clear for his police report that my intent with this post is to establish the fact that Dodson does not live in Uvalde County, a prerequisite for running for this office.
I have requested the police report for Case #346610.
I have spoken to an attorney to seek legal advise on the issue.
I WILL NOT take down this FB post.
I will not be intimidated by abuse of power!”
The offense/ incident report obtained by the Uvalde Hesperian on February 26th from the Uvalde Police Department through a public records request. In the report, an incident synopsis was filed by Cpl. R. Hill #315 of the Uvalde Police Department.
Cpl. R. Hill stated the following in the offense/ incident report:
“John located the Texas Penal Code Section 42.074 Unlawful Disclosure of Residence Address of Telephone Number which is a Class B Misdemeanor unless injury occurs which would then enhance
to a Class A Misdemeanor. John was able to provide a screen shot from YouTube which showed Diana’s name listed as the subject who made the public post which included John’s address. John
stated he did not wish to pursue charges for the current incident and only requested for law enforcement to make contact with Diana and advise her to remove John’s address from social media.
John was issued a business card with a case number and was informed to send the screen shot he provided to my work email listed on the business card. John was informed I would attempt to make
contact with Diana in regards to the current incident and contact him back shortly.
I then departed location and made contact with Diana Olvedo-Karau via telephone using the department telephone, who was informed of the reason for the contact. Diana stated she was aware of
John Dodson’s address being posted on social media. Diana was informed of the incident being a Class B Misdemeanor unless injury occurs which would then enhance to a Class A Misdemeanor.
Diana was informed of John not wishing to pursue charges towards her for the incident and only requested for law enforcement to speak with Diana and advise her to remove John’s address from
social media. Diana was provided with the penal code and the charge as Texas Penal Code Section 42.074 Unlawful Disclosure of Residence Address of Telephone Number. Diana stated she reviewed
the penal code and stated the statue states ‘with the intent to cause harm or threat to the individual’, which she stated she did not have any intent to cause harm or threat John. Diana was advised of
John’s only concern being he could be harmed or threatened due to her posting his address on social media. Diana was informed of John asking her to remove his address from each post she posted,
which Diana stated she would do so. Diana was issued a case number and was informed to contact the Uvalde Police Department if she has any further questions or concerns regarding this matter.”
The report ends with a supplemental report. It reads:
“Case# 346610
Supplement by Detective Jessica Zamora #834
Due to Dodson not wishing to pursue charges against Karau this case will be closed out and will not be
further investigated. “
The Uvalde Hesperian met with Diana Olvedo-Karau on Monday, February 26th. She stated she never told Officer Hill she would remove the post as written, but rather told him, she would consider removing the address.”
Karua added she spoke with an attorney and the attorney said she did nothing unlawful.
She went on to say she told Officer Hill “I did not post the information to cause or incite harm but to establish the fact that Dodson does not live in Uvalde County.”
Karua said she believes the report was incorrect and she has filed a public information request for the audio of the telephone conversation.
The Uvalde Hesperian sent an email to Uvalde County Attorney John Dodson on February 16th, 2024 offering him an opportunity to provide a comment or a statement.
Texas Penal Code Section 42.074 Unlawful Disclosure of Residence Address of Telephone Number
Texas Penal Code Section 42.074 Unlawful Disclosure of Residence Address of Telephone Number
Sec. 42.074. UNLAWFUL DISCLOSURE OF RESIDENCE ADDRESS OR TELEPHONE NUMBER. (a) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone number of an individual with the intent to cause harm or a threat of harm to the individual or a member of the individual’s family or household.
(b) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense results in the bodily injury of:
(1) the individual whose residence address or telephone number was posted on a publicly accessible website; or
(2) a member of the individual’s family or household.
(c) This section does not apply to a public servant who posted information described by Subsection (a) to a publicly accessible website in the performance of the public servant’s duties as required by or in accordance with state or federal law.
(d) If conduct that constitutes an offense under this section also constitutes an offense under Section 36.06(a-1), the actor may be prosecuted under either section but not both.
Added by Acts 2023, 88th Leg., R.S., Ch. 805 (H.B. 611), Sec. 1, eff. September 1, 2023.