Judge explains why he let slain kids return home

HOUSTON (KTRK) -- In a rare move, a district judge who has come under scrutiny since the mass shooting of six children and two adults explains why he dismissed the case against a mother and the father who's now accused of capital murder.

District Court Judge Glenn Devlin released a four-page statement explaining his order.

Despite numerous complaints of child abuse and neglect and David Conley's violent criminal history, Judge Devlin said he was never told the children in the home on Falling Oaks in northwest Harris County were in danger so he sent them back. They were removed in 2013 because one child kept sneaking out. Conley is now charged with three counts of capital murder.

"At no time did CPS (Child Protective Services) state that there was a current or immediate threat of violence from anyone," the statement read.

On Tuesday, Texas Department of Family and Protective Services (DFPS) sent a letter to lawmakers saying CPS' hands were tied.

"The judge denied the Department request to continue legal intervention due to cooperation from the parents," wrote Jamie McCormick, External Relations Manager, DFPS.

On Wednesday, Judge Devlin fired back putting the burden back on CPS, saying, "The facts of this particular case showed four instances where CPS ruled out or was unable to determine an immediate danger...The Court can only remove children from their parents if there is an immediate risk of harm."

"I cannot remember an instance in 30 years of practice in Harris County where a judge actually tried to explain himself and I think he did in this case because it was such a colossal mistake and such an awful result," said Randy Burton, the founder of Justice for Children, a national child advocacy organization with headquarters in Houston.

In 2014, Devlin dismissed the case against Valerie Jackson, her husband Dwayne Jackson and Conley after they met several parental requirements. A year and a half later, Conley is accused of murdering the Jacksons and the children.

"While the tragic events that occurred some 18 months after the CPS case is (sic) horrific, neither CPS nor any attorney or the court could have prevented it based upon the case presented in court," concluded Devlin.

Another detail the judge's statement revealed is after the children were removed from their parents care, they were also removed from a foster home due to allegations of physical abuse.

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Below is entire letter from the Texas Department of Family and Protective Services (DFPS):