Appearing for just the third time in nine scheduled pre-trial hearings, Brian Scott Sharp stood before a judge seeking to represent himself.
Sharp, 60, the Spring Branch man accused of critically wounding Comal County Sheriff’s Office Deputy Eddy Luna, appeared before 207th District Court Judge Dib Waldrip on Tuesday. In October he fired his first set of court-appointed attorneys and now has two new ones in the father-son team of Samuel and Eric Rosen.
However, as he did when successfully requesting to separate from Joseph Garcia III and Amber Macias, Sharp tried to again cite Texas Constitutional law before Waldrip, who gave him a refresher course.
“Do you understand that you do not have a right to have dual representation?” Waldrip asked. “You have two good lawyers (in the Rosens). . . they can explain things to you in a way that makes sense.”
It’s been 19 months since Sharp allegedly fired on Luna, a 30-year deputy who was among several officers attempting to serve him with a felony arrest warrant his residence in the 1400 block of Springwood in Spring Branch on Aug. 20, 2020.
Luna, who spent a month in the hospital, lost part of his right arm which is now fitted with a prosthetic.
“He is planning to come back and we’re planning to have him back,” Sheriff Mark Reynolds said of Luna on Wednesday. “That’s what gives Eddy such a drive and incentive. He knows that he’s CCSO family and we’re always been here for him. It’s his decision, and when I talked to him Monday, he gave every indication of coming back (to work).”
In September 2020, Sharp was indicted on two counts of attempted capital murder of a public servant, and one count of felony bail jumping and failure to appear. He remains in the county lockup under bonds totaling $870,000 on those charges and without bond on a 2018 felony evading charge.
Since then Sharp has filed several motions that rescheduled a half-dozen pre-trial hearings. Tuesday’s was to introduce the Rosens as new counsel and to find Sharp’s attorney’s notes, which the defendant said is still in Garcia’s possession.
Waldrip, who said Sharp’s case was long overdue for trial, willingly accepted a new delay after Samuel Rosen announced he will undergo surgery that will keep him away for another month.
After wishing Rosen well, Waldrip set the next pre-trial hearing for 1:30 p.m. Tuesday, May 17 – hoping that a trial would begin before the July 4 holiday.
“I would hope we can get in contact with Mr. Garcia to settle that matter,” he said to the Rosens and Daniel Floyd, the assistant district attorney prosecuting for the state. “Between now and then there is enough time to everything filed … this needs (to proceed to trial).”