The Galveston County Daily News

GALVESTON — An inquest into an alleged brawl at an upscale bar ended Tuesday with a Galveston County grand jury declining to indict Houston Astros pitcher Brandon Backe and 11 others.

On Oct. 5, 30 officers stormed H2O bar at the San Luis Resort and arrested 13 people, after a disturbance between a wedding reception guest and an off-duty police officer.

A Galveston police supervisor reported the scene was a “riot,” but some witnesses alleged police wrongdoing, saying people were beaten, shocked with Tasers and pepper sprayed while handcuffed. No one filed complaints with police, however, and 13 officers were disciplined but none for violating the department’s use-of-force policies.

The grand jury no-billed misdemeanor charges against Backe, and three others accused of resisting arrest and interfering with police duties, Galveston County Criminal District Attorney Kurt Sistrunk said in a statement.

The grand jury also no-billed five felony charges of retaliation and assault of a public servant against Daniel Cole O’Balle, whom police blamed for initiating the incident.

The grand jury did however recommend a Class A misdemeanor charge of resisting arrest against O’Balle, the brother of the bride.

The charge wasn’t warranted, said defense attorney Bob Moen, who represented five people whose charges weren’t initially dropped by police.

“He’s upset by it, because he doesn’t think he did anything that night to be charged,” Moen said.

“I think his parents are terrifically relieved that their son will not face five felony charges.”

It is unclear whether or when O’Balle would be charged with the misdemeanor. Any pending city charges will be addressed by Galveston police, Sistrunk said.

Moen had not had an opportunity late Tuesday afternoon to speak with Backe, who was in Cincinnati with the team.

The grand jury heard testimony for five days beginning May 7. Of the 35 people who testified, 19 were police, Sistrunk said.

Moen said about 15 witnesses testified for the defense.

Gilbert O’Balle, father of Cole O’Balle, was one of those arrested, but his misdemeanor charge was no-billed. A video surfaced of Gilbert O’Balle and another man being shocked by Tasers, Moen said.

“Gill O’Balle was kicked so hard in the side of his head that he’s still recovering from double vision,” Moen said, noting the video was contrary to police offense reports.

Although there were allegations of wrongdoing by police, no complaint was filed against any officer, said Galveston Police Chief Charles Wiley, who testified May 7.

“To our credit, we initiated an internal investigation less than 12 hours after the incident,” Wiley said. “We had trouble contacting those involved, because they had lawyered up and been advised by council not to talk to police.”

The 13 officers disciplined by Wiley were found to have violated department paperwork policies.

“We didn’t find any violation of law and apparently the grand jury found the same thing,” Wiley said of his officers’ conduct.

It is believed the bar manager testified during the proceedings, which were closed to the public.

“The statement he gave to us was that officers did what they were supposed to do,” Wiley said.

“You can quibble all day long about what officers were supposed to do, but unless you’ve seen it firsthand and testified to it, it is what it is.”

Members of the FBI also testified before the grand jury, and as a matter of routine, all findings will be reviewed by the FBI’s local office, which was consulted throughout the investigation, Sistrunk said.