On Tuesday, the DA announced that it filed motions to dismiss four felony indictments against GOP activist Steven Hotze and three of five felony charges against former Houston police captain Mark Aguirre.
"The charges stem from a baseless voter fraud conspiracy scheme that culminated in a roadside confrontation alleged to have been committed by Mark Aguirre on an innocent HVAC repairman in October 2020," the district attorney's office said in a release.
SEE ORIGINAL REPORT: Former HPD Capt. Mark Anthony Aguirre charged with holding air conditioning man at gunpoint in fake voter-fraud conspiracy
In October 2020, Hotze funded The Liberty Center, a group to investigate voter fraud. According to court records, Mark Aguirre, a private investigator working for that group, surveilled and then ran his car into an AC repairman's truck, believing it was carrying thousands of fraudulent mail ballots. Aguirre then allegedly held the repairman at gunpoint until officers arrived. There were no ballots in the truck, nor were they found in a search of the repairman's property.
Hotze had been charged with aggravated assault with a deadly weapon (a motor vehicle), unlawful restraint, aggravated robbery, and engaging in organized crime -- aggravated assault with firearm.
"I want to commend Sean Teare for dismissing my criminal case and ensuring justice was done. For the last year, Kim Ogg has waged warfare against me because of my effort to ensure voter integrity in Harris County, and I thank God that today was vindicated," Hotze said.
Similarly, Aguirre was charged with aggravated assault with a deadly weapon (a firearm), aggravated assault with a deadly weapon (a motor vehicle), and unlawful restraint causing serious bodily injury. He was then later also charged with aggravated robbery and engaging in organized crime -- aggravated assault with firearm.
Officials said Aguirre will still be prosecuted for two felonies: aggravated assault with a deadly weapon (a firearm) and unlawful restraint, though his lawyer, Terry Yates, has filed to have them dismissed.
"We're grateful for the cases that have been dismissed, and we look forward on this motion or seeking a resolution," Yates said.
After reviewing the case, the DA's office said they could not prove any of the remaining charges beyond a reasonable doubt, adding that they "should not have been filed."
The AC repairman filed a civil lawsuit against Hotze and Aguirre, which was put on pause during the criminal case. Now the repairman's lawyer, Dicky Grigg, says the pause should be lifted. Grigg told ABC13 he believes criminal activity did take place, but feels due to the case's previous handing, Teare had no choice but to dismiss many of the charges.
ABC13 reached out to Kim Ogg for comment, but we did not hear back.
For more news updates, follow Lileana Pearson on Facebook, Twitter and Instagram.
SEE PREVIOUS COVERAGE:
Dr. Steven Hotze indicted in 2020 case involving former HPD officer accused of assaulting repairman
Houston 'family man' sues GOP activist Hotze after 'violent' traffic stop
Ex-HPD captain indicted for aggravated assault in bizarre voter fraud conspiracy case