Midland County Judge Indicted, Arrested on Charges Tied to Facebook Post

MIDLAND, TX — Midland County Judge Terry Johnson was indicted Wednesday on charges of abuse of official capacity, fraudulent use of identifying information and misuse of official information, turned himself in and was released on $7,500 bond after an arrest by the Texas Rangers. 

Officials confirmed the indictment and arrest just days after Johnson admitted under oath to posting personal information belonging to Christino “Nino America” Rodriquez on Facebook in July with the caption “Convicted felon trying to be a player."

Johnson’s attorney, Daniel W. Hurley, released a statement saying the judge was “disappointed that there appears to be a rush to judgment before a proper investigation was conducted into this allegation.” Hurley said Johnson is not guilty, that the Facebook post was not intended to cause harm, and that Johnson “took and passed a polygraph” in which he allegedly lacked “knowledge of the information” on the document. 

The criminal case comes amid a separate civil lawsuit filed Aug. 6 by Midland County District Attorney Glenn Harwood seeking Johnson’s removal from office under Texas Local Government Code Section 87.018(f). Tom Green County District Attorney Allison Palmer of San Angelo was assigned Aug. 10 by Judge Ben Woodward of the 7th Administrative Judicial Region to represent the state in that suit, according to the Midland Reporter-Telegram. Judge R. Shane Seaton of the 118th District Court was assigned to preside. 

Johnson has joined Harwood’s request for a jury trial in the civil case, court documents show. Attorney Greg Degeyter, who represents both Rodriquez and Midland ISD Trustee Brandon W. Hodges in the civil proceedings, called the under-oath admission “odd” amid the Texas Rangers investigation.

“Accepting any of the facts would be viewed as a statement against interest and an exception to the hearsay rule,” Degeyter said. “It can come in a subsequent criminal proceeding should there be one filed.”

Johnson has denied Harwood’s allegation that he used his position to obtain unauthorized data from a former warrant services employee. Degeyter said the denial complicates the defense given the caption on the post. 

Degeyter noted a jury trial could take months. In the interim, Chapter 87 of the Local Government Code allows the presiding district judge to temporarily suspend Johnson. Degeyter called the odds of suspension a “toss-up” in the civil case but “80 to 90 percent” if the matter remains criminal. 

Rodriquez has also filed a separate federal civil rights lawsuit alleging Johnson retaliated by posting his Social Security number, driver’s license number and date of birth, Fox News previously reported. Harwood has said he has no role in the federal case.