NO.

D-200,185

IN THE DISTRICT COURT OF

In re: Tammy Reeves, et al JEFFERSON COUNTY, TEXAS

136th JUDICIAL DISTRICT

PETITION FOR AUTHORIZATION TO CONDUCT RULE 202 DEPOSITIONS

TO THE HONORABLE JUDGE OF SAID COURT:

Comes now, Tammy Reeves, Petitioner, (also referred to herein as Reeves) and

files this petition for pre-suit depositions as allowed pursuant to Tex. R. Civ. P. 202. In

support hereof, Petitioner would show as follows:

1.

Petitioner incorporates herein by reference as if copied in haec verba all

statements, allegations, requests, and facts contained in her Application for Temporary

Restraining Order. Petitioner further incorporates herein by reference as if copied in haec

verba the Courts order(s) regarding said application.

2.

Tammy Reeves is the surviving spouse of Dennis Reeves. On May 23, 2017,

Dennis was the principal on the high school campus of Kirbyville High School. On that

afternoon, Dennis was found dead in his pickup, a victim of a gunshot to his head.

Tammy, the two sons of Dennis and Tammy, and Dennis parents have been unable to

obtain full, complete, accurate or truthful answers concerning the facts and circumstances

that preceded or led to this tragic occurrence. On June 5, 2017, this family obtained a

Temporary Restraining Order from this Court in an effort to preserve various items of

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evidence that would or may shed light on that occurrence. That Order remains in full

force and effect as of the time of this filing.

3.

Petitioner invokes Tex. R. Civ. P. 202 which allows for depositions to perpetuate

or obtain testimony of that of any other person for use in an anticipated suit or to

investigate a potential claim or suit. Rule 202.1 (a) and (b). Jurisdiction and Venue is

proper in this Court pursuant to Rule 202.1(b)(1) and (2). In particular, venue of any

anticipated suit may lie in this Court; likewise, one or more witnesses reside in Jefferson

County, Texas.

4.

As stated in her prior filings herein, Reeves at this point in time, is not seeking or

anticipating an action for monetary damages. She seeks one thing: answers, providing

that those are truthful answers. In this respect, Reeves seeks to investigate one or more

potential claims by her regarding the events that have led to the death of her husband.

5.

These depositions will, or may, prevent a failure or delay of justice and, more

importantly, likely provides a result and benefit that outweighs the burden or expense of

the procedure.1 That includes the full breadth by which depositions may be taken or

used, including oral/video depositions, depositions on written questions and related

1For example, if Rule 202 relief is denied, Petitioners only avenue of relief would be the more costly, and
burdensome, discovery that a full blown lawsuit would dictate. Petitioner asserts that Rule 202 exists to
prevent this precise result.

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subpoena duces tecum. The use of these tools at this juncture provide Petitioner with the

information necessary to evaluate and investigate any potential claims.2

6.

Tammy Reeves has been provided no official information regarding her husbands

death or the circumstances that led to it. This includes information from her husbands

employer, the investigating law enforcement agencies or any other person or entity

investigating these events. At best, she has information or belief and the informal

information that her retained counsel has obtained. This is insufficient for her and her

counsel to evaluate, and determine the existence of, any potential claim(s). Clearly, there

has been a pattern of misinformation instigated by certain individuals that has impaired

and harmed Reeves ability to so evaluate. Although this is neither an exhaustive or

complete list, such include the following:

(1) Different, questionable or contradictory statements made to the press and

police by various individuals employed by or affiliated with Kirbyville

Consolidated Independent School District (KCISD). This includes current

superintendent (Thomas Wallis), assistant superintendent (Georgia Sayers),

school board president (Chad George), the Kirbyville mayor (Frank George)

and the Kirbyville chief of police (Paul Brister).

(2) Manufacturing the termination of Dennis Reeves as principal of KCISD High

School by claiming a former secretary of Reeves had written/was writing a

statement claiming an affair with Dennis Reeves. This was the same claim that

had been denied more than one (1) year earlier and the same claim that both

2See Rule 202.5 (authorizing depositions as are allowed of nonparties in a pending suit). The rule also
provides for protection from any unfair use of the depositions in any subsequent suit or action. Id.

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 then-superintendent (Richard Hazlewood) and assistant superintendent

(Georgia Sayers) determined to have no validity. Counsel for KCISD and its

employees (including Wallis and Sayers) have now filed pleadings in this Court

disavowing that version of events in its entirety.3 On their best day,

Respondents can only allude to an alleged affair. Most probable, this

accusation was false and, like so many other things, manipulated or invented

by others.

(3) Failure of Respondents to produce the alleged statement written by the former

secretary.

(4) Destruction, alteration and manipulation of materials located within the office of

Dennis Reeves at or shortly after the time of Dennis Reeves funeral. This was

by KCISDs superintendent (Thomas Wallis).

(5) Petitioners distrust of Dr. Wallis handling and destruction of documents is now

heightened as Dr. Wallis attempted to hide, secrete or destroy documents

relative to a claim in 2015 while he was the superintendent at Bryan

Independent School District.

(6) Removal of materials from the KCISD campus after this Court had entered its

Temporary Restraining Order. This was performed, in whole or part, by a

KCISD employee.

(7) Refusal of Wallis, or KCISD, to provide information regarding the vetting and

hiring of Wallis. Within the span of 48 hours, members of the school board

3KCISDs difficulty with the truth is amazing. Wallis tells the media one thing and the police another. Their
attorneys now tell a third story regarding the confrontation with Dennis Reeves. Their efforts to hide and
change the truth is stupefying and, perhaps, deserving of sanctions / contempt of court.

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 claimed polar opposites: (a) yes, we did vet him with Bryan ISD to (b) no, we

never talked to them.

(8) Failure to produce, or to even offer to produce, any of the documents, materials

or tangible items covered by this Courts Temporary Restraining Order.

(9) Failure to produce the alleged complaints set forth in Respondents Plea to the

Jurisdiction.

These are just a part of the reasons pre-suit investigation and discovery is needed.

Tammy Reeves, and her family, are entitled to make decisions affecting their lives based

on what the evidence reveals, not by what is concealed.

7.

Petitioner desires to depose the following persons or parties:

1. Custodian(s) of records for Kirbyville Consolidated Independent School

District in order to obtain the documents, materials and tangible items

covered by the Courts Temporary Restraining Order. KCISD has already

appeared herein and service of this Rule 202 Petition has made in

accordance with Rule 21a.

2. Custodian(s) of records for Kirbyville Consolidated Independent School

Districts Board of Trustees in order to obtain the documents, materials

and tangible items covered by the Courts Temporary Restraining Order.

KCISD, as well as the president and vice-president of the Board of Trustees,

have already appeared herein and service of this Rule 202 Petition has

made in accordance with Rule 21a.

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3. Dr. Thomas Wallis, the superintendent of KCISD. Dr. Wallis was one of

the two persons who met with Dennis Reeves shortly before his death. He

is believed to be one of the last two people to see and talk with Dennis

Reeves before his death. Dr. Wallis also removed materials from Mr.

Reeves office following his death. Dr. Wallis, based on prior history, did or

may have ordered the destruction of those materials including destruction

after gaining knowledge of the existence of the Courts Temporary

Restraining Order. Dr. Wallis is also believed to have communicated with

Marcia Morgan (Dennis Reeves former secretary) regarding the

preparation of her statement. This respondent has already appeared

herein and service of this Rule 202 Petition has made in accordance with

Rule 21a.

4. Bryan Independent School District, the former employer of Thomas

Wallis. It is believed that this entity has information regarding Wallis

employment there, including pattern and scheme of destroying or hiding

documents in litigation and other adversarial proceedings. This entitys

custodian(s) of records will be deposed to obtain all such documents. This

respondent may be served by serving William T. Moore, President of the

Bryan ISD Board of Trustees at 101 North Texas Avenue, Bryan, Texas,

77803.

5. Dr. Douglas Wunneburger, a current board member of the Bryan ISD

Board of Trustees and the Board President at the time of Thomas Wallis

departure from Bryan ISD. He is aware of matters that led to Wallis

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 departure from Bryan ISD and the efforts (or lack thereof) by KCISD to

investigate or vet Wallis before his hiring at KCISD. This respondent may

be served at 101 North Texas Avenue, Bryan, Texas, 77803.

6. Leslie Holtkamp, was and/or is the Director of Curriculum and Instruction

at Bryan ISD while Thomas Wallis was employed there. It is believed that

this witness has knowledge of facts and circumstances that led to Wallis

departure from Bryan ISD. This respondent may be served at 101 North

Texas Avenue, Bryan, Texas, 77803.

7. Ms. Georgia Sayers, the assistant superintendent of KCISD. Ms. Sayers

was one of the two persons who met with Dennis Reeves shortly before his

death. She is believed to be one of the last two people to see and talk with

Dennis Reeves before his death. Ms. Sayers is also believed to have

communicated with Marcia Morgan (Dennis Reeves former secretary)

regarding the preparation of her statement. This respondent has already

appeared herein and service of this Rule 202 Petition has made in

accordance with Rule 21a.

8. Ms. Marcia Morgan, the former secretary for Dennis Reeves. Ms. Morgan

was allegedly preparing a statement implicating Dennis Reeves in an affair

at or near the time of his death. Ms. Morgan also advised Dr. Thomas

Wallis, Georgia Sayers and others that Dennis Reeves would kill himself if

those allegations were made public. This respondent is being served by and

through her attorney.

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9. Dwanna Rasnick, a KCISD employee and the direct supervisor of Marcia

Morgan. Ms. Rasnick would have first-hand knowledge and other

information regarding Ms. Morgan and her activities at KCISD. This

respondent is being served by and through her attorney.

10. Dustin Rutherford, a KCISD employee assigned to AEP. Mr. Rutherford

had been the assistant principal at Kirbyville High School when Dennis

Reeves was hired as principal. Dustin Rutherford, jealous that he was not

named principal, embarked on a course of action to undercut and harm

Dennis Reeves. When Mr. Reeves attempted to have Dustin Rutherford

terminated, Rutherford used his political muscle to keep a job albeit a

lesser one at AEP. From there, Dustin Rutherfords vendetta heightened.

This respondent has already appeared herein and service of this Rule 202

Petition has made in accordance with Rule 21a.

11. Staci Rutherford, the wife of Dustin Rutherford and a KCISD employee.

She joined her husbands vendetta to the point of instigating a public

confrontation with Dennis Reeves. When Dustin and Staci Rutherfords

daughter was removed from the schools cheerleading squad for

disciplinary reasons, these efforts only heightened. This respondent is

being served by and through her attorney.

12. Chad George, the president of KCISD Board of Trustees. Mr. George held

that position at the time Dr. Wallis was hired as superintendent and would

have first-hand knowledge of those events. It is also believed that Mr.

George has knowledge of various issues surrounding Dennis Reeves and

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 was participatory in the efforts to remove Mr. Reeves as principal. Some

evidence indicates that Chad George was the first person contacted by

Thomas Wallis after Dennis Reeves body was discovered. Other evidence

indicates that Mr. George was already on the high school campus. This

respondent has already appeared herein and service of this Rule 202

Petition has made in accordance with Rule 21a.

13. Joey Davis, the vice-president of KCISD Board of Trustees. Mr. Davis held

that position at the time Dr. Wallis was hired as superintendent and would

have first-hand knowledge of those events. It is also believed that Mr. Davis

has knowledge of various issues surrounding Dennis Reeves and was

participatory in the efforts to remove Mr. Reeves as principal. Mr. Davis is

also believed to have obtained information from Marcia Morgan, and others,

as part of his employment outside of the KCISD Board of Trustees. This

respondent has already appeared herein and service of this Rule 202

Petition has made in accordance with Rule 21a.

14. Clint Smith, a member of KCISD Board of Trustees. Mr. Smith held that

position at the time Dr. Wallis was hired as superintendent and would have

first-hand knowledge of those events. It is also believed that Mr. Smith has

knowledge of various issues surrounding Dennis Reeves and was

participatory in the efforts to remove Mr. Reeves as principal. This

respondent has already appeared herein and service of this Rule 202

Petition has made in accordance with Rule 21a.

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15. Joseph Brecht, a member of the KCISD Board of Trustees and may have

been its President when Dennis Reeves was hired as principal. It is also

believed that Mr. Brecht has knowledge of various issues surrounding

Dennis Reeves and was participatory in the efforts to remove Mr. Reeves

as principal. This respondent may be served by and through his attorney.

16. Frank George, mayor of The City of Kirbyville. Mayor George was the first

person contacted by his son, Chad George, regarding the death of Dennis

Reeves. It is also believed that Mayor George contacted the Kirbyville Chief

of Police, Paul Brister. This respondent may be served at The City of

Kirbyville, 107 S. Elizabeth, Kirbyville, Texas 75956.

17. Paul Brister, the Chief of Police for The City of Kirbyville. Chief Brister was

contacted by Mayor Frank George regarding this incident. According to

reports, Chief Brister (along with one other) was the first law enforcement

person to arrive on the scene. It is believed that Chief Brister, along with

those at this direction and control, investigated this incident and took various

items into their possession. This respondent may be served at Kirbyville

Police Dept., 107 S. Elizabeth, Kirbyville, Texas 75956.

18. Josh Hancock, a sergeant with The City of Kirbyville Police Department.

According to reports, Sgt. Hancock (along with Chief Brister) was the first

law enforcement person to arrive on the scene. It is believed that Sgt.

Hancock investigated this incident and took various items into his/the

departments possession. This respondent may be served at Kirbyville

Police Dept., 107 S. Elizabeth, Kirbyville, Texas 75956.

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19. Mike Smith, Justice of the Peace for Pct. 3 of Jasper County, Texas. Mr.

Smith refused to release records to Reeves counsel upon receipt of a FOIA

request. This respondent may be served at 201 E. Lavelle Street, Kirbyville,

Texas 75956.

20. Jimmy Dodson, the maintenance director at KCISD. He was called to

Dennis Reeves office on the day of Mr. Reeves death to change the locks

on that office door. It is believed that his route would have passed by Dennis

Reeves/his truck. This respondent is being served by and through his

attorney.

21. Jimmy Gaspard, the I.T. Director at KCISD. Mr. Gaspard should have

access to the various computers, servers and other electronically stored

information at KCISD. This respondent is being served by and through his

attorney.

22. Lt. Col. Charles Simmons, the assistant principal at Kirbyville High School

at the time of Dennis Reeves death. Lt. Col. Smith was the assistant

principal under Dennis Reeves at the time of Dennis Reeves death. He

had replaced the aforementioned Dustin Rutherford. It is believed that Lt.

Col. Simmons has knowledge of the facts and circumstances occurring

before and after Dennis Reeves death. This respondent may be served at

440 CR 184, Jasper, Texas 75951.

23. Amy Brockman Fountain, a counsellor at KCISD at the time of Dennis

Reeves death. Ms. Fountain is believed to have communicated with Marcia

Morgan on multiple occasions, including the preparation of the alleged

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 statement regarding Dennis Reeves. It is also believed that Ms. Fountain,

upon Dennis Reeves death, declared herself to be the new self-appointed

principal at the Kirbyville High School. This respondent is being served by

and through her attorney.

24. Debbie Brockman, a counsellor at KCISD at the time of Dennis Reeves

death. She is the mother of Amy Brockman Fountain and wife of Bill

Brockman. She is purportedly now the acting principal at Kirbyville High

School. It is believed that she has knowledge of the events that transpired

prior to the death of Dennis Reeves. This respondent is being served by

and through her attorney.

25. Bill Brockman, an employee at KCISD. It is believed that Dennis Reeves

had recommended that Mr. Brockman be terminated by KCISD for, among

other things, poor work performance. It is believed that he has knowledge

of the events that transpired prior to the death of Dennis Reeves. This

respondent is being served by and through his attorney.

26. Sherry Fussell, secretary for Dennis Reeves at the time of his death. Ms.

Fussell has knowledge of the events and circumstances that transpired prior

to the time of Dennis Reeves death. This respondent is being served by

and through her attorney.

27. Tara Bush, receptionist at Kirbyville High School. Ms. Bush has knowledge

of the events and circumstances that transpired prior to the time of Dennis

Reeves death. This respondent is being served by and through her

attorney.

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28. Candace Jackson, a teacher at Kirbyville High School at the time of Dennis

Reeves death. Ms. Jackson is believed to have been the last person to

have talked to Dennis Reeves before Thomas Wallis and Georgia Sayers

entered his office late on the afternoon of May 23, 2017. She also has

knowledge of the events and circumstances that transpired prior to the time

of Dennis Reeves death. This respondent is being served by and through

her attorney.

29. Richard Hazelwood, former superintendent at KCISD. Mr. Hazlewood was

the superintendent at the time Dennis Reeves began as principal at

Kirbyville High School. He also investigated the allegations of the alleged

affair between Dennis Reeves and Marcia Morgan. He also has knowledge

of the events and circumstances that transpired prior to the time of Dennis

Reeves death. This respondent may be served at 718 CR 509, Kirbyville,

Texas 75956.

30. Region 5 Education Service Center was, and is, an entity located in

Beaumont, Texas that provides training and services to various school

districts, including employment services. Those school districts include

KCISD. It is anticipated that this entity will testify through its custodian(s) of

records regarding various documents pertaining to Thomas Wallis and

Dennis Reeves. This respondent has appeared herein for all purposes and

is being served by and through its attorney.

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 31. Danny Lovett was, and is, the executive director for co-Respondent,

Region 5 Education Service Center. This respondent has appeared herein

for all purposes and is being served by and through his attorney.

All persons who have not appeared or who have not heretofore been served will

be served pursuant to Rule 202.3 (a) and in accordance with Rule 21a. All such persons

have knowledge of facts and circumstances surrounding the death of Dennis Reeves as

well as the facts and circumstances that led to same. Petitioner further desires to include

a subpoena duces tecum requiring the production of documents, materials and other

tangible things that (a) are set forth in the Courts Temporary Restraining Order and (b)

may be relevant to the inquiry made the basis of this Rule 202 Petition.

8.

Petitioner requests an Order allowing and authorizing her and her legal

representatives to obtain the above-listed depositions and evidence. Petitioner further

requests that the Court set a date and time for each such deposition as well as a location.

Petitioner also requests that the Courts Order set forth any and all procedures necessary

to a speedy and efficient accomplishing of these matters.

WHEREFORE, PREMISES CONSIDERED, Petitioner prays that her Petition be

granted, that she have the relief requested herein and for all other and further relief,

special and general, at law and in equity, to which Petitioner may be justly entitled.

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 Respectfully Submitted,

THE FERGUSON LAW FIRM, LLP

350 PINE STREET, SUITE 1440
Beaumont, Texas 77704-4905
(409) 832-9700 (phone)
(409) 832-9708 (fax)

By: s/ Paul Chip Ferguson

Paul F. Chip Ferguson, Jr.
State Bar No. 06919200
cferguson@thefergusonlawfirm.com
Larry C. Hunter
State Bar No. 10300700
lhunter@thefergusonlawfirm.com
State Bar No. 18824535

ATTORNEYS FOR PETITIONER

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been
furnished to all counsel on this 13th day of June, 2017, by electronic service, in accordance
with Tex.R.Civ.P.

By: s/ Paul Chip Ferguson

Paul F. Chip Ferguson, Jr.

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