It’s been two weeks since Bryan police responded to a report of a misdemeanor assault case that has since been revealed was at a home where city councilman Rafael Pena has been staying that is not in his district.
That has led to a city hall investigation about Pena’s council status due to where he is living.
Pena told WTAW News he would send a statement regarding both investigations. Those statements have not been received.
A one sentence statement from Bryan police to WTAW News about the incident on April 20th was “This is not an active investigation with the Bryan Police Department.”
WTAW filed an open records request of the police report, which city secretary Mary Lynne Stratta says will be sent to the Texas attorney general’s office to determine what can be released.
Brazos County Attorney Rod Anderson on Tuesday said he has not seen the report but says he is interested in reading it.
Brazos County Assistant District Attorney Jessica Escue said on Tuesday their office has no information about the case.
Bryan city prosecutor Josh Galicia has not responded to requests made on Tuesday and Wednesday if he has received the police report. Another city official says no case has been filed in municipal court.
The address listed on the April 20th incident is a home east of the municipal golf course, which is not located in Pena’s district.
Stratta says the city council will decide whether to consider that issue after receiving information from the city attorney.
Mayor Jason Bienski, on WTAW’s The Infomaniacs, says Pena moved out of his home west of the Brazos County jail to do repairs.
The city charter, which requires council members to reside in their single member districts, does not address temporary absences.
Bienski expects the city council to receive information during next Tuesday’s meeting behind closed doors, with the possibility of considering action during the council’s open meeting.
Click below for comments from Mary Lynne Stratta, visiting with WTAW’s Bill Oliver, and Jason Bienski’s visit with WTAW’s Scott DeLucia: