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Attorney for accused McGregor, Texas mass shooter claims client’s due process rights are being violated in Waco, wants to transfer case to federal court

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Attorney for accused McGregor, Texas mass shooter claims client’s due process rights are being violated in Waco, wants to transfer case to federal court


WACO, Texas (KWTX) – An attorney for the former McGregor man found incompetent to stand trial in the 2022 shooting deaths of five people is seeking to transfer his case to the federal system because he says his client’s due process rights are being violated by the long wait for a state mental hospital bed to become available.

While Clay Thomas acknowledges his request to remove Nicolas Jaimes-Hernandez’s capital murder cases from 19th State District Court to Waco’s U.S. District Court is rare, he said Monday that the motion is not without precedent.

Nicolas Jaimes-Hernandez, 35, remains in the medical wing of the Jack Harwell Detention Center.(KWTX GRAPHIC)

Thomas said overcrowding in state mental health facilities, especially maximum-security facilities, has caused a “breathtakingly lengthy” waiting list for open beds that can stretch to two years and that his client is languishing in the McLennan County jail while his physical and mental states are deteriorating.

“If we move into federal court, then the (federal) Bureau of Prisons takes it over and then they will send him to a federal medical facility,” Thomas said. “On the federal end, they don’t have to sit around and wait and they can get help much quicker, most likely. Federal courts have ruled waiting more than eight months is a violation of due process, and the idea is they would get him into federal court and sent to the Bureau of Prisons to some place that could help him. That is typically within four months, probably even sooner.”

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Judge Thomas West of 19th State District Court found Jaimes-Hernandez incompetent to stand trial on Nov. 26, 2024, and the undocumented Mexican citizen, who has been in the McLennan County Jail 873 days, has been waiting to be transferred to one of four maximum-security state mental hospitals.

There are a combined total of 462 beds for adults and 32 beds for juveniles at the state’s four maximum-security facilities, according to Thomas’ motion.

Jaimes-Hernandez, 37, who remains paralyzed from the waist down after being shot by police in the Sept. 29, 2022, incident, is charged with capital murder in the deaths of Monica Aviles and her teenage children, Miguel Avila and Natalie Avila.

Jaimes-Hernandez, who is also being held on an immigration detainer, was living with the 38-year-old Aviles on South Monroe Street in McGregor. He has lived in Texas about 20 years and worked as a house painter, Thomas said.

He also is charged with capital murder in the shooting deaths Lori Aviles and her 20-year-old daughter, Natalie, who lived next door.

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Jaimes-Hernandez also is charged with two counts of aggravated assault in the drive-by shooting of Jeronimo Olvera Jr. and the attempted shooting of Jeronimo Olvera Sr. at a home in the 800 block of Monroe that same day.

McLennan County District Attorney Josh Tetens said his office will oppose the request and called the removal motion “not only ironically untimely, but unnecessary.”

“The defendant in this case is going to receive the same mental health care any other defendant is granted under the law,” Tetens said Monday. “The defendant should remain in state custody where he will receive treatment, competency restoration, and we expect, be tried.”

Thomas acknowledges in his motion that federal law provides that a notice of removal in a criminal case must be filed no later than 30 days after a defendant receives a copy of the indictment against him “unless good cause is shown.” His motion states that “because of the extraordinary circumstances,” enforcing the timeliness rule would prejudice his rights.

Jaimes-Hernandez spent about three weeks in the hospital and weighed about 170 pounds when released to jail. His last recorded weight at the jail was 123 pounds, Thomas’ motion to transfer alleges.

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“He has been locked up in a 5-by-7 cell with concrete walls and a steel door with no human interaction for more than two years,” Thomas said. “You can imagine someone there – no matter what they have done – in a room like that, confined in a wheelchair and confined to essentially a box for two years. What do you think that is going to do to the capabilities of him ever becoming competent?”

Longtime Waco psychologist Lee Carter found Jaimes-Hernandez, who is said to speak limited English, incompetent because he determined he doesn’t have a rational understanding of the charges against him; can’t reasonably confer with his attorney or assist in his defense; can’t exhibit appropriate behavior; and lacks the capacity to testify in his own behalf.

“Mr. Jaimes has a disorder that adversely affects his emotional presentation and thought patterns,” Carter wrote in his report to the court. “He is heavily paranoid, mentally confused, delusional, and combative. His disorder is treatable, but compliance is an obvious concern. Mr. Jaimes does not realize he is mentally ill and refuses to comply with treatment. His medical needs and the depth of his disturbance are sufficiently advanced that he cannot participate in a community-based competence restoration program. Inpatient care in a secure hospital setting is required.”

Thomas said seeing Jaimes-Hernandez’s condition continue to deteriorate during a recent jail visit “really bothered me deeply.” He said besides his concerns about due process violations, his current confinement situation borders on 8th Amendment violations against cruel and unusual punishment.

“Dr. Carter’s assessment, while proper for the purpose of a competency examination, fails to address the continuing mental and physical health issues Mr. Jaimes-Hernandez experiences while remaining on a long and crowded wait list,” Thomas wrote in the motion to transfer. “Mr. Jaimes-Hernandez, as a matter of course, refuses to utilize a hand-held urinal to void his bladder, choosing instead to urinate in his jail uniform. Additionally, he defecates in that jail uniform at will. As a result, he is subjected to forced medical showers to alleviate the filth accumulated in a jail uniform that must sometimes be physically cut from his body.”

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Thomas rejects the notion that Jaimes-Hernandez is faking his condition to escape a possible death sentence.

“I don’t buy that he is malingering. That is a good thing for everyone to say because it gives them an excuse for it to be over,” Thomas said. “The reality is that no person in any sort of right mind would go through all of that and be able to keep up that kind of behavior for that length of time. Someone might be able to keep it up for a few weeks or even months, but not for two years.”

No hearing date has been set to hear the motion, which was filed electronically over the weekend.



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Texas school board to vote on required Bible readings in public education

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Texas school board to vote on required Bible readings in public education


AUSTIN, Texas (AP) — The Texas education board will vote Friday on a required reading list for more than 5 million public school students that includes Bible passages, widening conservative efforts to push Christian teachings in U.S. classrooms.

The proposal in Texas — which would mandate literary works such as Charles Dickens’ “Great Expectations” alongside parables from the New Testament — has been closely followed by education observers who say it appears to be the first of its kind in the nation.

If approved by the Texas State Board of Education, which is controlled by Republicans, the reading list would take effect in 2030.

Texas, which educates roughly 1 in 10 of the nation’s public school students, has been at the forefront of a charge by conservatives to incorporate more religion into classrooms. The state already allows public schools to hire chaplains to counsel students, mandates the display of the Ten Commandments in classrooms and has approved an optional Bible-infused curriculum.

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For months, critics have blasted both the push to require Bible readings and the state mandating what books are read by students, which are decisions typically left up to teachers. Teachers could still assign students other books to read on top of the required titles.

A focus on Christianity

Critics say the reading list lacks diversity, blurs the separation of church and state that is enshrined in the Constitution and leaves teachers and students with little room to decide what to read.

“Kids of all faith backgrounds and no faith are served by Texas schools and they should all feel welcome in Texas schools,” said Elva Mendoza, legislative communications associate for the progressive Texas Freedom Network. “But this is sending the message to children that one and only one religious text — a Christian one — is worthy of making this required reading list.”

Others have applauded the possibility of mandated Christian religious reading in public schools. Brooke Mazel, a retiree from Lubbock, encouraged the board to adopt biblical materials, saying her children and grandchildren grew up with “strong faith and family values.”

“America should celebrate our 250 years that started as a nation of unwavering Christian values,” Mazel said.

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The board is also set to vote Friday on a social studies curriculum that links Bible stories with American history.

Texas may be a trailblazer

A state law passed in 2023 required a mandatory list of at least one literary work be taught in each grade level. The proposed new list contains around 200 texts, including Bible passages, essays and books, far in excess of that requirement.

Antero Garcia, president of the National Council of Teachers of English and a Stanford University professor, said he doesn’t know of any other state with a mandatory reading list that includes religious texts. Educators at the district and school level usually choose the texts their students will read, Garcia said.

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Kasey Meehan, director of PEN America’s Freedom to Read program, agrees the move is “unique” to Texas.

Picture-book stories for elementary students including “David and Goliath” and “Daniel and the Lion’s Den” are on the required reading list. By fourth grade, students would encounter passages about Jesus in the New Testament.

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By middle school, students would be expected to read several passages about Jesus, including passages from his most famous sermon, and another where he instructs people to cast aside earthly anxiety and seek the kingdom of God.

For high schoolers, the list requires the reading of specific Bible passages as supportive materials for literary works including works by Dickens and Jane Austen’s “Pride and Prejudice.”

Holding diversity in check

Such strict requirements amount to “almost de facto censorship,” Meehan said, comparing the list to book bans.

“It certainly leans ideologically more conservative,” she said. “It excludes a lot of diverse voices from the reading list.”

The list mandates that students reading Shakespeare’s “The Tragedy of Julius Caesar” also read a eulogy for President Ronald Reagan written by former British Prime Minister Margaret Thatcher, a staunch conservative.

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Frank Strong, an English and journalism teacher and co-founder of the student advocacy group Texas Freedom to Read, said diversity is not only important for students needing to see themselves in what they read but also as a way to learn about different cultures.

Many of the books on the reading list are not controversial, but Mendoza asks why books like “Chicka Chicka Boom Boom” need to be required for kindergartners.

“Can’t our kindergarten teachers be trusted to choose board books?” Mendoza asks.

___

Stengle reported from Dallas.

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A Judge Issued a Rebuke to the Texas GOP’s Claims About the East Plano Islamic Center

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A Judge Issued a Rebuke to the Texas GOP’s Claims About the East Plano Islamic Center


For more than a year, high-profile Texas Republicans have argued that Muslims are secretly plotting to take over Texas, centering their outrage on the East Plano Islamic Center, a mosque and Muslim community in North Texas known as EPIC. That hysteria resulted in a range of government enforcement actions last year, including a probe by the Texas Funeral Service Commission that barred EPIC from performing funeral rites. Last July EPIC sued the state, alleging Texas had violated its religious freedom. Late Wednesday, a federal judge in the Western District of Texas ruled that the mosque’s lawsuit can proceed despite the state’s attempt to dismiss it. In his ruling, the judge also issued a strong rebuke to claims made by Governor Greg Abbott and other state officials, writing that “no evidence has been presented” that EPIC intends to impose “Sharia law,” Islamic teachings based on the Quran and words of the Prophet Muhammad, on Texans.  

The case stems from last March, when the funeral commission issued a cease and desist order that barred the mosque from performing traditional cleansing, shrouding, and prayer over bodies, on the grounds that EPIC may have been unlawfully conducting such rites without a license. (EPIC denies this allegation.) As Texas Monthly has reported, the agency was pushed to issue the order by some of Abbott’s closest advisers, who had made unsupported claims that EPIC and a proposed housing development it was affiliated with, EPIC City, was building a “no go zone” exclusive to Muslims (it was not).

EPIC sued the funeral commission in July 2025, arguing that the cease and desist order was an unconstitutional prohibition on religious practices. In Islam, preparing bodies for funerals stands as one of the most sacred rites; by the time of EPIC’s lawsuit, according to the petition, at least eleven congregants had been forced to receive rites elsewhere—away from their home mosque. 

EPIC later amended its lawsuit to include former funeral commission chair Kristin Tips after text messages were released showing she had shared anti-Muslim messages and videos as the agency’s investigation unfolded. Among the examples was a graphic Tips had sent to the commission’s then–executive director, Scott Bingaman, that accused Islam of allowing child marriage and pedophilia. After sending it, Tips texted Bingaman a YouTube video with the title: “EPIC CITY TEXAS! Are Muslims planning a TAKEOVER?”

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For nearly a year, the case has been locked in a procedural back-and-forth as Tips and the agency—represented by Attorney General Ken Paxton’s office—have pushed for the court to dismiss the case. Late Wednesday evening, Judge David Alan Ezra, a Ronald Reagan appointee, issued an order denying Tips’s attempt to dismiss the lawsuit. He also rejected Tips’s claim of qualified immunity, which can shield government officials from personal liability in civil cases. That rejection is rare in courts, such as this one, that appeal to the Fifth Circuit, which is one of the most conservative federal appellate courts in the country and is typically welcoming to government defendants. 

In his ruling, Ezra cited the funeral commission’s deviation from historical norm in the EPIC case, as the agency has repeatedly asserted—first in 1987 and again in 2014—that Islamic religious organizations could conduct funeral and burial services without government oversight. The judge also affirmed that the alleged conduct—including the cease and desist order and Tips’s anti-Muslim messages—was seemingly “the result of religious discrimination” that violated EPIC’s clearly established religious rights under the Constitution’s Equal Protection Clause and other laws protecting religious liberty. In a rather remarkable footnote, the judge added that, based on the evidence offered, the court firmly rejected claims “suggesting that EPIC has applied, or intends to apply, ‘Sharia law’ in its practices.”

Though the case will now continue to wind through the courts, the judge’s ruling is a firm rebuke of the anti-Muslim political hysteria fueled by Abbott and his team of advisers. As Texas Monthly reported this month, the governor’s inner circle took an unusually active role in the funeral commission’s regulatory case against EPIC. After being looped into the agency’s pending investigation, which stemmed from an April 2024 complaint levied by a private individual, the governor’s attorneys, including Abbott’s general counsel, Trevor Ezell, edited the boilerplate cease and desist order the commission was ready to issue to make it more severe and punitive. 

The original document, drafted by a funeral commission staffer, included a line warning that noncompliance would result in the agency taking “legal action.” Abbott’s team struck that line and suggested replacing it with a “criminal referral” to the Collin County district attorney—in what amounted to a hijacking of the agency’s usual independent regulatory process. At one point, a close adviser of Abbott even reported to a commission staffer that Abbott had texted him that after the cease and desist order was sent out, the funeral commission was his new favorite agency.

Over the following months, the governor’s advisers, including Ezell and a budget and policy adviser, Alex Aragon, weighed in often on the EPIC probe, requesting regular updates, coordinating public statements, and, at times, directing regulatory action. When the agency investigated other cases—such as a high-profile incident in which a Dallas funeral home allegedly accidentally shipped a stillborn baby to a Louisiana laundry facility—the governor’s team exhibited no similar interest. More than a year after the funeral commission’s cease and desist order, its investigation remains ongoing. No violations have been found. 

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Tips, the agency’s former chair, led the funeral commission until March 12, when, according to an email obtained by Texas Monthly, she “prayerfully” resigned, effective immediately, late in the night. While the circumstances around her departure remain unknown, she had spent months under fire for allegations that she had illegally lobbied for tort reform in her position as chair, which she denies. But in her absence, the governor’s pursuit of EPIC has continued. In March, the funeral commission issued a broad new subpoena to EPIC, seeking every record of funeral services that the mosque has on file. 

After EPIC’s attorneys pushed back, arguing the order was too large in scope, Paxton’s office got involved—issuing a letter that demanded EPIC comply. Meanwhile, Abbott has continued his crusade against the mosque, going on Fox News earlier this week to deride EPIC and what he alleged were “multiple violations” of the law. The governor has touted that a dozen state agencies have investigated EPIC. To date, no criminal charges have been filed against the mosque, and a federal probe into EPIC by the the Department of Justice was dropped with no findings of malfeasance.



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USDA reports screwworm spread in Texas

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USDA reports screwworm spread in Texas


The USDA now confirms 20 cases of the New World screwworm in Texas, with the most recent reported outside Medina County, and four more cases reported Tuesday in Terrell County. Officials are releasing millions of sterile flies to slow the parasite’s spread.



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