City of Bastrop Prosecutor J. Rodney Pierre on Tuesday dismissed the charges against City of Bastrop Alderman Darry "DD" Green, in a case that led to charges being brought against a Bastrop Police Captain, when he allegedly had a previous warrant in the case withdrawn.
Green had been charged with Unlawful Act on Licensed Premises after Bastrop Police observed a "bottle club", The Woods on West Madison in Bastrop was open after hours at 1:40 A.M. on May 21, 2016. The initial report of the incident requested that a warrant be issued for Green for the infraction. That warrant was issued on June 2, 2016
After the initial charges were filed a supplemental report filed May 26, 2016, states that Officers originally believed the Club to be operating as a licensed "bottle club". After police checked City licenses they discovered that the club was not licensed as a "bottle club" and instead only had a retail license under the name "KB's Pool Lounge, which lists Ernest Green as the owner. Based on this supplemental information, contained in a report dated May 25, 2017, Police requested the original warrant be amended to show the charge of Unlawful Acts on a Licensed Premises. The original warrant was issued on June 2, 2016.
Captain Gerald Boley, of the Bastrop Police Department, was arrested by the Louisiana State Police in June and charged with Felony Malfeasance in Office and Felony Injuring Public Records after an LSP investigation into the handling of the warrant for Green showed that the warrant was improperly "recalled" after Boley allegedly told a court clerk that " he had investigated the complaint that led to the arrest warrant being issued and decided it should be recalled." According to an affidavit, in that case, Boley did not consult with either the Judge or the City Prosecutor in the case and was, in fact, acting "without the authority or authorization to do so. The warrant was subsequently recalled.
After the LSP investigation and the arrest of Boley, Green was given a citation to appear in court on the Unlawful Act on Licensed Premises charge. His court date was scheduled for Tuesday, August 8. The regular Bastrop City Judge, Phillip Lester, was out of town on Tuesday and Ad Hoc Judge Charles Traylor II was presiding over the court. After Pierre, in his capacity as City Prosecutor, asked that the charges be dismissed, Judge Traylor order the dismissal of the charges. Attempts to contact Pierre for comment were unsuccessful.
The charges against Boley are pending after the District Attorney's office recused themselves and turned the case over to the Louisiana Attorney Generals Office. Boley was reinstated to the Police Department by Mayor Henry Cotton after he took office in July.