A different theory emerged this afternoon: a source told me DPS discovered that Davis rekindled his affair with Mrs. Horaney and as of last week was living with her. I have not been able to confirm that information, and DPS has been rather unforthcoming.
I asked the DPS media office on Monday for comments about whether and why Davis had been stripped of his badge and gun. More than 48 hours later, the PR office hasn’t said a word, even though it normally responds within a few hours.
I also discovered on Monday that DPS apparently withheld records about Davis that I subpoenaed back in July. I represent former Special Agent Darren Lubbe against DPS brass in Lubbe v. Milanovich, Case No. 1:18-cv-1011 (W.D. Tex.), and we requested the following:
All reports, records, documents, and correspondence pertaining to or arising from the matters described in Paragraph 77 of the SAC. This request includes, but is not limited to, reports, records, documents and correspondence exchanged with other agencies regarding Brent Davis’s role in the Horaney murder investigation. If, for example, DPS has exchanged information with the Gregg County Sheriff’s Office or Federal Bureau of Investigation regarding Mr. Davis, that information should be produced.
You can read the subpoena by clicking here and you can read the SAC (i.e., “Second Amended Complaint”) by clicking here. DPS did not make any objections to the subpoena, thus any objections are waived. Instead, DPS produced thousands of pages of other documents, and it apparently hoped I would overlook the missing ones. I didn’t.