Prosecutors will get another shot at taking man accused of killing grandparents to court

CHAMBERS COUNTY, Texas (KTRK) -- The fate of a Beach City man accused of killing his grandparents eight years is going into its ninth year now with no end in sight.

It's the latest twist in a highly unusual case, where the fate of a double murder case rests in a courtroom with a presiding judge who is not a licensed attorney.

Spenser Bienek was just 14 when he was charged with shooting and killing his grandparents, Sandra and Chester Bienek, in the Beach City home they all shared.

For the past eight years, he's lingered behind bars without his case gone to trial, or adjudicated in anyway. He is now 22 years old.

On Thursday, his attorney, Ed Lieck, requested a hearing, believing his client should be released, pointing out that Chambers County had eight years to take the case to trial, plead it out, or certify Bienek as an adult.

When asked if he believed mistakes were made, Lieck answered with a simple yes.

Meanwhile, relatives of Sandra and Chester, who are Spenser's aunts and uncles, showed up in court hoping for a different outcome.

"I'm just hoping he's not getting released on the streets," said aunt Sunnie Hart.

This already complex case would be heard in front of Chambers County Judge Jimmy Sylvia. Sylvia is the elected county judge who works with Commissioners Court, he is not a lawyer and has no law degree.

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Because Chambers County is considered a rural county, the juvenile prosecution is being handled by the county attorney, not the district attorney. In addition, state law allows county judges to handle juvenile cases, even murder. They are also paid a stipend for the work.

Thursday morning, Sylvia ruled to kick out members of the media from the critical court hearing. Chester and Sandra's relatives had invited the media to the hearing, believing it was crucial that the public know about the legal case that should never have dragged out this long.

"There's a presumption that even for kids over 14, these should be open to the public and the media," said retired Juvenile Judge Mike Schneider, who handled juvenile cases in Harris County for years. "Even if you believe juvenile cases should be closed. This is not a juvenile, this is a 22-year-old adult."

"I just feel it should be in adult court," said aunt Sunnie Hart.

"It should be in bigger facilities," said Natasha Bienek, another relative.

And they may finally get their wish. After an hours-long hearing, they were told Sylvia ruled against dismissing the case, instead, ruling that prosecutors proved their due diligence about why they could not prosecute Bienek before he turned 18.

"We have asked the juvenile court to send it to a district court, and he will be tried as an adult," said County Attorney Ashley Cain Bland, who is prosecuting the case. "I'm very happy for the family, and I'm here to advocate for them."

Neither Bland nor Lieck would comment on the actions of Sylvia in his oversight of the case over the past eight years. However, Bland did say she inherited the case from her predecessor. By the time she was elected to office, Bienek had already turned 18.

The case now goes in front of a district court judge, who will rule on whether Bienek can be tried as an adult.

Legal experts say its quite clear that prosecutors and the judge overseeing the case had four years to move forward before Bienek turned 18. Therefore, it is possible that an appellate court could over turn Sylvias ruling.

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