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Hearings for Smith County constable, deputy accused of stealing while serving eviction notice reset to July

An arrest affidavit obtained in November details body camera footage of Traylor-Harris, Banks and Holman rummaging through a Tyler residence in late January 2021.

TYLER, Texas — Hearings in the case of a Smith County constable and deputy who are accused of stealing cash, ammunition and other items while serving an eviction notice have been reset to July. 

Judge Jack Skeen Jr., of the 241st District Court, said Wednesday a hearing for Smith County Pct. 1 Constable Curtis Traylor-Harris and Pct. 1 Sgt. Derrick Holman will now be held on July 7 at 9:30 a.m. 

Traylor-Harris and Holman are among three, including former Pct. 1 Chief Deputy LaQuenda Banks, who were arrested last November on charges of abuse of official capacity, official oppression and property theft. They were all later indicted in February. 

Banks has a plea hearing scheduled for June 13 in the 241st District Court, online records show.

An arrest affidavit obtained in November details body camera footage of Traylor-Harris, Banks and Holman rummaging through a Tyler residence in late January last year while the occupant, who was receiving an eviction notice, was away.

The resident in February 2021 reported several items missing, including four watches, a partial box of .22 caliber ammunition, a box that could contain Apple AirPods, Oakley sunglasses, Ray-Ban sunglasses, makeup and a safe containing antique coins, a quarter collection, military medals, a diploma, a birth certificate and a social security card. More than $750 in cash was also reported missing, the affidavit stated.

Texas Ranger Chris Baggett wrote in the affidavit that a member of the Smith County District Attorney’s Office in October gave him a USB drive containing Banks’ body camera video from the home.

While serving the eviction notice, Traylor-Harris and the constable employees found drugs, drug paraphernalia, firearms and cash. Tyler police were called by the constable’s office members, and the police officers later took over the drug-related investigation and arrested the tenant.

In Banks’ body camera video, the recording begins in a bedroom or bathroom area with Banks telling Traylor-Harris in a hushed tone, “I cut it off,” followed by the tone of a body camera turned on, according to the affidavit. Banks was heard saying “hold on, don’t come down here” as Traylor-Harris is trying to hand her the watch display case.

All three had their peace officer licenses suspended on Dec. 3, 2021, a Texas Commission on Law Enforcement spokesperson said at the time. 

Because of the suspension, Banks and Holman cannot work or have authority as peace officers. Following the license suspension, the Smith County Commissioners Court reclassified Holman's position. 

TCOLE said the suspension did not remove Traylor-Harris from office, and he can still exercise the authority he has as an elected constable. A removal proceeding would have to occur at the county level.

Also on Dec. 3 last year, Traylor-Harris terminated Banks from her position as chief deputy at the constable’s office.  A letter to Banks from Traylor-Harris claims Banks admitted to the theft allegations.

Theft by a public servant is a third-degree felony, which can result in two to 10 years in prison and a fine of no more than $10,000 if a person is found guilty. 

As a Class A misdemeanor, a person could face a fine of no more than $4,000 and/or up to one year in a county jail if found guilty of official oppression, according to the Texas Penal Code.

RELATED: Smith County constable, deputies indicted in connection with theft allegations

RELATED: Former Smith County officials accused of stealing while serving eviction notice plead not guilty

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