Prosecutor files motion to dismiss in removal case against Travis County DA José Garza

AUSTIN (Talk1370.com) -- An effort to remove Travis County District Attorney José Garza from office will likely be dismissed, according to court filings.

Bell County Attorney Jim Nichols, who had been appointed to investigate the allegations against Garza, filed a motion Friday seeking to dismiss the case "with prejudice," finding that none of the allegations in the petition constituted grounds for Garza's removal from office.

The development comes two months after that petition, filed by Mary Elizabeth Dupuis, alleged Garza's office has a policy to not prosecute certain crimes, which under House Bill 17 amounts to "official misconduct."

It's the first case of its kind since the law went into effect last year where a judge accepted the petition for consideration and appointed a special prosecutor to investigate.

A hearing in the case is scheduled for Tuesday.