“They broke the law, lied about it, and now they want me to help them cover it up. That’s not going to happen.”
Big Bend Times publisher David Flash is rejecting a back-channel offer from county officials to drop the remaining criminal charges against him in exchange for a public apology and a waiver of his right to pursue civil claims.
“We haven’t done anything illegal, and they didn’t even explain what I was supposed to be apologizing for,” Flash said. “That’s because they can’t. They know I have valid claims—and that’s exactly why they’re trying to make them go away quietly.”
Sources confirm that County Attorney Glen Eisen has privately expressed support for dismissing the remaining charges—including a dubious traffic citation and a misdemeanor harassment case—if Flash agrees to apologize and abandon any legal action. But the message came through unofficial channels, with no explanation and no opportunity for direct response.
“It wasn’t a real offer—it was a desperate move,” Flash said. “I’m not interested in deals that protect them from accountability.”
The shift in tone follows a string of legal defeats for the county. Earlier this month, prosecutors dismissed a disorderly conduct charge against Flash with prejudice, admitting there was insufficient evidence. That charge stemmed from a June 2025 incident at the Jeff Davis County courthouse, where Flash was present to livestream and photograph a Commissioners Court meeting as part of his reporting for Big Bend Times.
Despite behaving calmly and professionally, Flash was physically assaulted by law enforcement, handcuffed, removed from the room, and cited. The entire incident was captured on the Big Bend Times livestream, streamed in real time to the outlet’s audience.
The incident occurred after Flash had already won a writ of habeas corpus overturning a previous restriction that had banned him from entering any county buildings or coming within 300 feet of county officials. That restriction, imposed in April 2024 after Flash was arrested on false allegations of harassment and terroristic threat, was never part of his bond conditions and had no legal basis. The court made clear that Flash was entitled to continue his normal constitutionally protected activities—including attending public meetings and performing his journalistic duties.
“The fact that I had to file a writ of habeas corpus just to enter a public building is outrageous,” Flash said. “The fact that I won, and they still attacked me a month later while I was doing my job—that’s not a misunderstanding. That’s unlawful.”
The remaining harassment charge is now in the hands of the Texas Attorney General’s Office, since Eisen was forced to recuse due to conflict. The charge is based on statements from Judge Mary Ann Luedecke and others that are contradicted by video and witness accounts. Luedecke’s 90-minute interview with OAG prosecutor Geoff Barr reportedly includes multiple demonstrably false statements that remain uncorrected.
Flash says the county’s attempt to cut a deal now is an admission of guilt—not a step toward justice.
“They want to drop their weakest charges in exchange for me dropping the strongest claims I have,” Flash said. “But if they hadn’t violated my rights, there’d be nothing to drop. They created this situation. They escalated it. And now they’re trying to escape it.”
Flash is preparing civil litigation against multiple county officials, alleging false arrest, malicious prosecution, retaliation, and constitutional violations, including under federal civil rights statutes.
“If they thought I didn’t have valid claims, they’d be fighting me—not begging me to walk away,” Flash said. “They made this mess. I’m not going to help them sweep it under the rug.”
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