GALVESTON — Outcry from friends and neighbors of a Galveston resident who claim he was severely beaten in his own backyard and denied justice when a grand jury declined to indict his alleged attacker earlier this year led authorities to review the case.

However, a review of the existing evidence and new interviews with witnesses of the alleged beating found no additional “material evidence,” and the case will not be re-presented to a grand jury, Galveston County District Attorney Jack Roady said Friday.

The decision comes months after a grand jury no-billed the man who allegedly attacked Bobby Wasylik, 68, who said he was beaten so severely March 14 that he suffered six strokes and a fractured shoulder bone.

Wasylik and his supporters, who flooded the district attorney’s office and police department with emails in the months following the alleged attack and subsequent grand jury hearing, called into question how the case was investigated and presented.

Wasylik also hired former Houston television reporter Wayne Dolcefino as a consultant to investigate what Wasylik described as a cover-up.

Roady said the case was reviewed, but no new evidence was discovered. A police detective interviewed several new witnesses, but discovered no information that would change the case presented to the grand jury, he said.

“The bottom line is that everything was done correctly in this case,” Roady said.

Roady dismissed Wasylik and his supporters’ claims that prosecutors were conspiring to protect Wasylik’s alleged attacker, who was represented by former Galveston County District Attorney Michael Guarino.

Wasylik said he suspects Guarino’s familiarity with the prosecuting attorney who presented the case to the grand jury affected the case.

“It’s either political or there’s money changed hands,” Wasylik said.

Roady said that it’s not unusual for Guarino, who served as district attorney for 20 years, to be familiar with lawyers in Galveston County, and his role as a defense attorney had no effect on how the case was presented to the grand jury.

In a letter to Wasylik’s attorney, former Galveston Mayor Joe Jaworski, Roady wrote Friday that Wasylik’s theories were unfounded.

“Giving his supporters the benefit of the doubt, I believe their misplaced concerns are based on bad information and untruths,” Roady wrote. “I am confident that these rumors and wild-eyed theories are as offensive to you as they are to me.”

Roady’s letter also refers to an incident in December 2008, when Wasylik and one of his close friends were charged with misdemeanor assault after an altercation outside Moody Gardens.

Wasylik eventually pleaded guilty to the lesser charge of disorderly conduct.

According to a police report on the incident, Wasylik and a friend got into an argument with a couple dining at a restaurant in the Moody Gardens Hotel.

The argument moved outside, where, a witness told police Wasylik and a friend assaulted the man they were arguing with, according to the report. Other witnesses told police they were struck by Wasylik or his friend while trying to separate the combatants, according to the report.  

Wasylik said Friday he was actually attacked by the other man involved in the altercation and said he was the only person struck that night.

He said the argument originated with other diners’ complaints that Wasylik and his friends “were being loud,” but said he had not been the aggressor in any altercation.

He said prosecutors were using the incident to unfairly portray him as a man with “violent tendencies,” and said it should not have an influence on the case against his alleged attacker.

The attack on Wasylik was alleged to have occurred March 14. Wasylik said a 42-year-old man came to his house in the 1500 block of 16th Street and repeatedly struck him, fracturing his shoulder and causing him to have six strokes.

Days before, Wasylik had driven a golf cart over to a friend’s house in the 1500 block of Avenue M.

Wasylik said the wife of his alleged attacker and a neighbor to the house he was visiting angrily asked him to move the golf cart.

The man accused of beating Wasylik later told police Wasylik threatened his wife with “physical body injury,” according to a probable cause affidavit. When he returned home and heard this from his wife, the man told police, he went to Wasylik’s home to confront him.

The man told a detective Wasylik raised his hand “in effort to slap him,” prompting the man to grab Wasylik and throw him to the ground, according to the affidavit.

The man said he did not intend to break Wasylik’s shoulder, according to the affidavit.

A Galveston police detective interviewed Wasylik at the hospital, and spoke with his alleged attacker on the phone some time later.

Police coordinated with the U.S. Marshal Service to conduct surveillance on the man’s house before the man was arrested and after Wasylik repeatedly called police to report the man being out in public. Authorities determined the man was out of town on business, which he had told police, Roady said.

The man was eventually charged with aggravated assault causing serious bodily injury, and turned himself in on April 1 before being released on a $10,000 bond.

The grand jury called to hear the charge heard testimony from the detective investigating the case, but declined to hear from Wasylik, his alleged attacker or the man’s wife, Roady said.

Roady said he could not speculate on the grand jurors’ reasoning, but said that the full case had been presented.

New interviews and a review of the evidence following the “no bill” did not turn up any new “material evidence,” and the case will not be re-presented, he said.

Wasylik said he intends to continue pressuring the police and district attorney’s office.

Dolcefino, the former investigative reporter Wasylik hired as a consultant, said Wasylik “has grounds for multiple lawsuits.”

He criticized how the case was handled and the decision to not re-present it.

“Somebody told that grand jury something,” he said.

Contact reporter Alex Macon at 409-683-5241 or alex.macon@galvnews.com.

(8) comments

Chris Gimenez

Jack Roady is a shill for law enforcement. He still hasn't-but also hasn't been asked by the GCDN-to explain why he dismissed a felony child abuse charge against Texas City Police Officer John Thorn. Thorn was indicted by a Grand Jury after an investigation by the Galveston County Sheriff's Office, Child Protective Services, and after Thorn himself testified before the Grand Jury but the charge was dismissed without even taking it to trial. No reason to make law enforcement upset with him right before the primary.

And yet Roady-with the help of his friends at the GCDN-was able to keep that dismissal from reaching the public's eyes and of course right before the GCDN gave him its endorsement for re-election.

Mr. Dolcefino just needs to find out the connection the attacker has to local law enforcement or the DA's Office. Roady's a disgrace of a "public servant" and keeps two scales of justice in his office. One for law enforcement and public officials and one for the common people.
ChrisGimenez
Bayou Vista

PD Hyatt

Wow.... You continue to spew forth your hatred and yet if you had 1 shred of evidence you would be able to present it to a Judge or the State AG. and hang Jack Roady.... But alas evidently you have nothing to show except your hatred for the DA. I am still praying that your heart one day will forgive what ever wrong you have preceived that has happened....

Chris Gimenez

Spewing hatred? Really Paul? Are you saying he didn't do what I put in writing? He didn't dismiss a felony charge against a law enforcement officer and the GCDN didn't cover it up? Of course he did and the fact is that you've stated you're a friend of his so in your effort to support him you separate criminal conduct from unethical conduct. That's the same thing Obama's supporters do. If you can't prove criminal conduct then the ethical side doesn't matter.

At least you've accepted that integrity of office and ethical behavior don't mean anything to you as long as he's your friend. That's the difference between being an intelligent person with character and morals and a low information voter who refuses to look beyond what you get told by an elected official.

Save your phony prayer stuff for someone else hyatt. That's what people like you come up with when you can't dispute the facts. You're as big a loser as Roady.

PD Hyatt

Again I will say that IF you have the proof, then show it to a Judge (Federal or State) and or show it to the State AG.... IF it is real then something will be done about it and you will be vindicated.... IF it isn't then nothing will happen about it except that you will be still screaming about something that the law will not prosecute because there is a lack of evidence....

Chris Gimenez

Paul, I'm going to tell you the same thing I told your thick-skulled brother Bigjim-there's not a damn thing you can do about my comments regarding what I believe has been misconduct by Jack Roady. If you don't like them, don't read them. Short of that, your hysterical demands don't phase me a bit.

You're not disputing the facts I present, you just don't like that they show a lack of integrity and ethical behavior on the part of the DA Roady and you don't know what else to do other than shriek about if they're not criminal then there's nothing to talk about. I think otherwise. However, if you truly think I'm doing something that violates the rules of this forum then take your case to Heber Taylor. We all know he's a good friend of Roady's also. A real good friend.

Jim Forsythe

I do not have the same mother or father as Paul. So You are wrong again, as we are not brothers.
""lack of integrity and ethical behavior on the part of the DA Roady , do something about it. It will make You a bitter person if You do not let it go . Is it worth the torchered soul You have become.
Most people have already heard your story so why keep bringing it up
.Do something about it , or give it up.

"We all know he's a good friend of Roady's also. A real good friend"
Who is we? Can YOU please list?
Less than 24% of cases go to trial, so this outcome is no new.

Chris Gimenez

Bigjim, the only thing torturing me are you posts. You're just a hair more grammatically correct than mytoby and that's not saying much.

As for "my story", what do mean? I haven't said one thing about the false charge Roady made against me. I'm going to continue talking about what I see as his lack of ethics and his favorable treatment of law enforcement and elected officials especially when the GCDN hides his conduct from the public as they did in the John Thorn case.

Here's some definitions of "brother" as defined by Merriam-Webster. I knew that was going to be too deep for you.

broth·er:
2: one related to another by common ties or interests
4: one of a type similar to another

Meanwhile, the fact remains that if you don't like what I write then don't read it. Neither you nor your "brother" nor anyone else will deter me.

Jim Forsythe

maybe Your twin mytoby ,

Welcome to the discussion.

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