Case 3:13-cv-04896-D Document 135-1 Filed 02/07/18 Page 1 of 4 PageID 1865

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

KELVION WALKER, §
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Plaintiff, §
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v. § CIV. NO. 3:13-CV-4896-D
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AMY WILBURN §
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Defendant. §
§
§
§

DECLARATION OF ROBERT ROGERS

1. My name is Robert Rogers. I am over the age of twenty-one (21) years

and am fully competent in all respects to make this Declaration. I have never been

convicted of a felony. I have personal knowledge of all facts stated herein and all

such facts are true and correct.

2. I am an attorney licensed to practice law in the State of Texas. I am

admitted to practice before the United States District Court for the Northern

District of Texas. I am representing Amy Wilburn in a criminal prosecution arising

from the shooting of Kelvion Walker. The majority of my law practice involves

criminal law.

3. Amy Wilburn was indicted in April, 2014, while Craig Watkins was the

elected District Attorney of Dallas County. A newly elected District Attorney,

Susan Hawk, took office on January 1, 2015. The District Attorney recused herself

from the criminal prosecution of this case and a district attorney pro tem (special

DECLARATION OF ROBERT ROGERS Page 1

EXHIBIT A
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prosecutor) was appointed on April 22, 2015, to handle the criminal case. As in all

criminal cases in Dallas County, this case has had regular settings during its

pendency. Most of these are procedural settings as required by the Criminal

District Court Judge. The criminal case is currently set for jury trial on June 11,

2018. This is the fourth trial setting, which is standard for felony criminal cases in

Dallas County in which the Defendant is on bond.

4. Plaintiffs counsel has filed a motion in the civil litigation that contains

baseless allegations and assertions that are false regarding the criminal case. The

case has not been set for trial seven times. Plaintiffs counsel has conjured false

trial dates of May 22, 2014 (5 weeks after indictment), January 22, 2016, and

September 8, 2016. The criminal case has been set for trial four times. On April 14,

2016, the criminal case was set for trial on January 23, 2017 (1st trial setting). On

January 19, 2017, the criminal case trial was reset to July 10, 2017 (2nd trial

setting). On July 5, 2017, the criminal case was reset to July 20, 2017 for

plea/special setting. On July 20, 2017, the criminal case trial was reset to January

22, 2018 (3rd trial setting). Finally, on January 18, 2018, the criminal case trial was

reset to June 11, 2018 (4th trial setting).

5. The January 23, 2017, trial setting was reset because the special

prosecutor and I were both involved in the trial of the Garland officer that finished

right before Christmas. We both agreed, and the judge concurred, that we needed

more time. The July 10, 2017 trial setting was reset because the special prosecutor

made a new plea offer and the judge agreed to give us time to explore a possible

DECLARATION OF ROBERT ROGERS Page 2

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plea. Plea negotiations continued all the way through November. The January 22,

2018 trial setting was reset because of a court scheduling conflict.

6. The criminal case was substantially delayed by the transfer in power

from one elected District Attorney to the next administration to the appointment of

a special prosecutor. I have followed the policies and procedures regarding bond

settings in Criminal District Court #5 and have a positive working relationship with

the judge and special prosecutor. The criminal district court judge is aware of the

facts and circumstances surrounding the settings of this case and no action is taken

regarding a trial setting without his approval. Factors affecting whether the case is

reset for trial include other cases on the court's docket (jail cases take priority), each

attorney's trial schedule, and any other scheduling matters involving the court that

may create a conflict. The latest trial setting was continued at the request of the

court due to a scheduling conflict.

7. Counsel for plaintiffs accusation of "gamesmanship" is reckless and

offensive. His ignorance of the policies and procedures of the criminal district court

and the true facts that affect the progress of the criminal case is obvious. Making

false accusations and statements in a motion that he knows will be made public is

irresponsible and obviously calculated to prejudice any potential jury pool in the

criminal case. My client is facing a possible sentence of life in prison if convicted in

the criminal case, a possibility that haunts her every waking hour. My efforts are

focused on ensuring that she is acquitted in the criminal case. I do not play games

with my clients' lives, and I will continue to zealously advocate for Amy Wilburn.

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Unfortunately, plaintiffs counsel's frivolous motions and inflammatory statements

to the media are factors that I will ask the criminal district judge to consider with

each trial setting.

Pursuant to 28 U.S.C §1746 and the laws of the United States, I declare

under penalty of perjury that the foregoing is true and correct.

a
Executed on the _2_cfay of February, 2018, at Dallas, Texas.

Robert L. Rogers
Texas Bar No. 00

DECLARATION OF ROBERT ROGERS Page 4