A written statement filed by Jeff Davis County Attorney Glen Eisen in support of criminal charges against Big Bend Times Publisher David Flash includes a series of remarks that appear to mischaracterize lawful conduct, downplay misconduct by a county employee, and raise questions about selective enforcement.
The statement, submitted as part of the case file behind the false harassment and terroristic threat charges brought against Flash in 2024, describes in detail Eisen’s personal impressions of the journalist and outlines several incidents in which Flash visited county offices, requested public records, and attempted to follow up on complaints. The terroristic threat charge was dropped. The harassment charge remains, despite being contradicted by audio, video, and court records.
In the document, Eisen refers to Flash’s presence at the courthouse as “invasive,” characterizes his demeanor as “ranting,” and states that during one visit Flash behaved as though Eisen was “subhuman.” Eisen goes on to describe voicemails left by Flash as upsetting and claims they served no real purpose “other than to annoy” him.
The statement does not cite any illegal action taken by Flash. Instead, it frames a number of constitutionally protected activities as inappropriate or threatening, including:
- Taking photos in public-facing businesses
- Entering a law firm hired by the county to respond to Flash’s records requests
- Visiting the courthouse to follow up on filings and complaints
- Filming inside public offices without interfering or trespassing
- Leaving voicemails asking for responses from public officials
Eisen’s characterization of these actions appears to contradict long-standing First Amendment protections for journalistic activity in public spaces and in the course of public accountability work. The framing has drawn scrutiny from press freedom advocates and legal observers who say it reflects a personal bias rather than a legal standard.
The same statement makes little effort to address the conduct of Eisen’s former assistant, Lisa Dennison, who admitted in her own written statement to accessing body-worn camera footage and a criminal history report on Flash through her role in the County Attorney’s Office. She then publicly disclosed that information by yelling about the investigation in a local business, in front of other patrons, while confronting Flash without provocation.
Dennison’s actions may violate Texas Penal Code § 39.06 (Misuse of Official Information) and § 39.03 (Official Oppression). However, Eisen’s statement offers no legal evaluation of her behavior, nor any indication that he considered referring the matter to outside counsel or a neutral prosecutor.
In contrast, Eisen devotes considerable space in his written account to describing Flash’s public presence as disruptive and implying that routine courthouse activity—such as walking in to check on filings—was intimidating. He writes that doors were locked and blinds were drawn to avoid contact with Flash, despite no claims that Flash engaged in threatening or unlawful behavior inside the building.
The statement also references Flash entering the offices of the county’s outside legal counsel to follow up on records requests. Eisen presents this visit as evidence of bizarre conduct, despite the firm’s role in publicly responding to Flash’s legal filings and public information act requests.
Critics of the statement say it reflects a double standard: conduct that is normal for journalists and members of the public is portrayed as abnormal or hostile, while misconduct by government insiders is minimized or dismissed.
The contents of Eisen’s statement were later included in the case file supporting the now-dropped terroristic threat charge and the still-pending harassment charge—both initiated after Flash published critical reporting on the County Attorney’s Office, the local JP court, and area law enforcement practices.
No charges have been brought against Dennison for her use or disclosure of confidential information. She is no longer employed by the county.
Big Bend Times has submitted additional open records requests related to the handling of these internal statements and continues to investigate the use of county resources in targeting journalists and critics.
