Big Bend Times publisher David W. Flash has issued a formal notice of libel, demand for correction, and cease and desist to Jeff Davis County Mountain Dispatch editor and publisher Tate Dillard, following what Flash describes as “reckless and misleading reporting” in the paper’s July 3, 2025 edition.
The article—titled “Commissioners delay contractor payment until grant money is received, resident is cited for disorderly conduct during meeting”—falsely attributed a quote to County Judge Curtis Evans, misrepresented Flash’s legal relationship with the county, and omitted key public information about active civil claims Flash has filed against county officials.
“These inaccuracies were published without verification, without reviewing available video and legal documents, and without any effort to contact me for comment,” Flash wrote in the letter sent to Dillard this week.
Fabricated Quote
The Dispatch article attributed the line “You are disrupting a public meeting” to Judge Curtis Evans. Flash reviewed the full recording of the June 27 commissioners court meeting and says the judge never made that statement.
“Publishing a fabricated quote as a direct attribution—without any source or verification—meets the legal threshold for reckless disregard for the truth,” Flash wrote.
Misrepresentation of Legal Action
The article claimed Flash has “ongoing litigation with the county stemming from charges of harassment to elected officials,” but omitted the fact that Flash filed multiple tort claims against the county and several elected officials before any criminal charges were filed. These filings are public and remain active.
In response, Jeff Davis County retained Windle Hood of El Paso to defend against the tort claims, and Bickerstaff Heath Delgado Acosta LLP of Austin for other related matters.
“I am not merely a criminal defendant,” Flash said. “I have active claims pending against the county for misconduct and retaliation. Omitting that context distorts the truth and misleads your readers.”
No Opportunity to Respond
Flash also noted that he was never contacted for comment prior to publication—an omission he says violates basic journalistic ethics.
“Other outlets—from the Texas Tribune and NewsWest 9 to the San Antonio Express-News and Big Bend Sentinel—have reported the facts accurately,” the letter states. “The Mountain Dispatch stands alone in failing to meet that standard.”
What the Correction Must Include
In the letter, Flash demands that the Mountain Dispatch publish a correction in its next issue clarifying:
- That Judge Evans never made the quoted statement;
- That Flash filed tort claims against the county and its officials prior to any criminal charges;
- That the county hired Windle Hood and Bickerstaff Heath in direct response to those claims;
- That Flash was not contacted for comment prior to publication.
The letter also serves as a cease and desist against future publication of false or misleading information and warns of potential defamation claims and damages if the matter is not addressed.
Flash has requested a written response from Dillard within three days confirming whether the paper intends to issue a correction.
David W. Flash is the publisher of Big Bend Times and Texas Reporter. He currently has active civil claims pending against Jeff Davis County and multiple elected officials over alleged retaliation and abuse of office.
