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she completed Basic Skills Development, which they decided to leave the home to avoid
includes some Fourth Amendment training. encountering investigators with the Department.
But Hunt did not find out until after they had left
She also completed, on July 10, 2008, a computer
the home that the Department had forcibly entered
based training entitled “CPS and the 4
the home and searched it. She also admitted that
Amendment, Respecting th the Rights of
she figured that was something “they legally could
Families.” Ross also completed “Basic Skills
do.”
Development for CPS Investigators,” which was a
specialized investigation block of training that Hunt also agreed that the amount of blood and
included the Fourth Amendment and she bodily fluid on the mattress and in the bedroom
completed “CPS, the 4th Amendment, Respecting made it look “like somebody tried to kill
the Rights of Families” again on November 4, somebody.”
2008.
The State’s fifth witness was Rochell Bryant, an
• Balderas also testified that, in order to reenforce investigative supervisor at the same Department.
what the investigators have learned in training, the Investigative supervisors “guide [the
Academy will do activities such as simulations and investigators] through what needs to bedone on a
role-playing. task, make supervisor decisions, give guidance on
cases, help caseworkers out, make sure that
The State’s third witness was Kenny Stillwagoner,
procedures are being followed.” Bryant testified
another investigator with the Department. He was
that after Francis expressed her concerns regarding
also a police officer. He testified that in the context
how Ross conducted the search of the Highway 69
of other investigations Ross would ask him to
S. home, she reported it directly to her supervisor,
search for drugs in homes, and he would refuse
Laura Ard, the program director. Bryant expressed
because it was not their job. On cross examination,
her opinion that, based on her experience and
Ross’s defense counsel focused on just this case,
training, it is “never” proper to search through
and questioned Stillwagoner about how unusual
cabinets, search through kitchen drawers and other
this particular case was—a report came into CPS
things like that in a kitchen. She testified that she
that a baby had been born in a mobile home
would “never” go into an empty home, even with
without any medical care; there was a complaint
a court order.
that the baby’s mother had a previous drug history
and that the baby had been exposed and was The trial judge found Ross guilty and sentenced
probably addicted to narcotics; nobody knew her to a year in the Hunt County Jail, 150 hours of
where this baby was an whether the baby was alive community service, and a $2,000 fine. The
or dead; and there was a court order for law sentence was suspended, Ross was placed on
enforcement to assist in searching the home. community supervision for two years, and she was
Stillwagoner had to admit that it was “fair” to call ordered to serve a 30-day jail sanction as a
this a “rare” case. condition of probation.

The State’s fourth witness was Leslie Hunt Vargas, On direct appeal Ross brought several points of
the baby’s mother. She testified that on December error. Her first five points assert that the evidence
16, 2011, she and her husband had left the is legally insufficient to support a finding that she
Highway 69 S. home, and they a family member of intentionally subjected Hunt
Hunt’s husband. They were just staying there
to a search that she knew was unlawful. The court
temporarily. When they found out that the
of appeals held that 6 the evidence was sufficient
Department was looking for them and for the baby,

Sept./Oct. 2019 www.texaspoliceassociation.com • 866-997-8282 55