2/15/2019 3:15 PM

Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-DC-19-300295 D-1-DC-19-300295
Jessica Contreras

THE STATE OF TEXAS § IN THE DISTRICT COURT

§
VS. § 167TH JUDICIAL DISTRICT
§
FRANK MACIAS § TRAVIS COUNTY, TEXAS

STATE’S MOTION TO INCREASE BOND

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes the State of Texas by and through her Prosecuting Attorney and
requests the Court to increase the bond in this case for the Defendant and would
respectfully show the following:
I.
The Defendant stands charged with two offenses of Aggravated Assault causing
serious bodily injury in Travis County, Texas on or about the 19th Day of January, 2019.
Presiding Judge Statman recommended the bond in the case be set at $150,000 when she
reviewed and signed the affidavit for warrant of arrest and detention finding that probable
cause existed for the issuance of warrants. However, at arraignment on February 12,
2019 Judge Kerr, sua sponte, reduced the bond to $50,000 and added a variety of
conditions including no contact, 200 yard stay away, supervision, and a GPS. The case is
currently pending in the Travis County District Attorney’s Office awaiting presentation
to the Grand Jury. The District Attorney anticipates that an indictment will be returned
for the offense of Aggravated Assault with a Deadly Weapon and will include a Hate
Crime finding which would increase the punishment range of this case to a first degree
level.

As alleged in the probable cause affidavit, the defendant and a group of three
other individuals violently attacked the two victims by striking them with their hands and
their feet. This attack was perpetrated not only by Macias but with three other
individuals participating in the violent assault as alleged. Prior to and during the assault,
the four assailants hurled homophobic slurs at the victims. Pursuant to Texas Code of
Criminal Procedure 42.014, the State believes that these victims were intentionally
selected because of the defendant’s bias or prejudice against homosexuality. This finding
would increase the penalty of the 2nd degree felony to that of a 1st degree felony.

Due to the violent nature of the crime and the hate speech showing a bias against
a very specific segment of the community that was used during the commission of the
offense, the safety of the victims and the community must be considered in setting an
appropriate bond. There has been a large community outcry in reference to this crime
and there is a large segment of the community that feels unsafe after these events.

For the reasons stated above, the State respectfully requests that the Defendant’s
bond be bond be increased to $150,000 so that it is placed back at the original amount set
by Presiding Judge Statman. The current bond is insufficient and justice demands that
the bond be increased.

Wherefore Premises Considered, The State prays that the bond of the Defendant
in this case be reinstated and the bond be raised from $50,000.00 to $150,000.00.

Respectfully submitted,

MARGARET MOORE
District Attorney
Travis County, Texas

/s/ Beth Payan

Assistant District Attorney
Beth Payan
509 W. 11th Street
Austin, Texas 78701
854-9400; FAX 854-9789
State Bar No. 00784030

Certificate of Service
By my signature above, I hereby certify that I have notified the Defendant in this
cause of the State’s Motion to Increase Bond by filing the foregoing document in the
public record of this cause, the State has been unable to verify counsel for the defendant.
 CAUSE NO. D-1-DC-19-300295

THE STATE OF TEXAS § IN THE DISTRICT COURT

§
VS. § 167TH JUDICIAL DISTRICT
§
FRANK MACIAS § TRAVIS COUNTY, TEXAS

ORDER ON STATE’S MOTION TO INCREASE BOND

On this _____ day of ______________ , 2019, the State’s Motion to Revoke/Increase

bond was presented to the Court and it appearing that the bond is insufficient and other

good and sufficient cause shown, the bond of the Defendant in this case is raised to

$_____________________.

______________________
Judge Presiding
167TH Judicial District Court

On this _____day of _________________, 2019, the State’s Motion to Increase Bond

was presented to the Court and it appearing that the State is entitled to a hearing on the

matter; It is therefore ordered and said Motion to Increase Bond be set for hearing before

this Court on the _____day of _______________________, 2019, at _____o’clock __.m.

______________________
Judge Presiding
167TH Judicial District Court