The former municipal judge in Trinidad, Texas, is considering legal action after the City Council voted to remove her from the bench, the latest development in a widening dispute over local water quality that has resulted in arrests, firings and lawsuits.
Trinidad is a small town with fewer than 1,000 residents, located about 65 miles south of Dallas.
Shellena Bivens was dismissed during a City Council meeting on Thursday after serving as municipal judge since 2021. Her term had been set to continue through December 2027.
Bivens contends her removal was retaliation for dismissing a misdemeanor disorderly conduct charge against Winston Noles, known as “Otto the Watchdog” on YouTube. He was arrested for protesting outside Trinidad City Hall while displaying a sign containing expletives directed at “bad cops.”
Noles was reportedly protesting the arrest of independent journalist Jennifer Combs.
“I didn’t want to be on the news. I didn’t want to be the center of this Constitutional crisis over the 1st Amendment,” Bivens said in an interview, per Fox 4 KDFW.
Bivens said she dismissed the charge because she found no evidence supporting police claims that the city’s water clerk had been offended by Noles’ actions.
“You know he was peacefully protesting,” Bivens said. “He didn’t break the law.”
During the council meeting, Bivens defended her record, saying, “I have been a good judge. A damn good judge, I believe, is what I said last time. I’ve done nothing illegal.”
Tensions escalated during the meeting as council members discussed Bivens’ position.
Councilwoman Leah Melton questioned the legality of dismissing the citation against Noles, asking, “Was it legal for her to dismiss the ticket on Otto?”
The matter had been expected to be discussed in executive session, but attorney C.J. Grisham, who represents both Bivens and independent journalist Jennifer Combs, said Bivens requested an open hearing. Council members ultimately voted 3-1 to remove Bivens.
Ryan Franceschina, an attorney with GFA Law, criticized the city’s decision and said legal options are being explored.
“The issue we have here is that she was let go, without cause, without even a reason given — without due process,” Franceschina said, per Fox 4. “We’re absolutely exploring all legal options to protect Judge Bivens’ job as well as the judiciary in Trinidad.”
The dispute stems from controversy surrounding the city’s water quality and the arrest of Combs, who was charged with felony false alarm after an April Facebook post claiming residents had been hospitalized after drinking Trinidad’s water.
Trinidad Police Chief Charles Gregory said the post “creates fear, panic, or unnecessary emergency response within a community.” No confirmed hospitalizations linked to the city’s water have been reported.
A Henderson County grand jury later declined to indict Combs. She subsequently filed a federal lawsuit against Trinidad and Gregory, alleging her arrest was “an act of deliberate political retaliation.”
Noles later began protesting Combs’ arrest and was taken into custody after demonstrating outside City Hall. According to Bivens, the disorderly conduct charge against him was dismissed because police failed to establish that anyone had been alarmed or offended by his actions.
The Texas Commission on Environmental Quality said it received a complaint regarding Trinidad’s water and that an investigation remains ongoing.
Additional legal disputes have emerged in recent weeks. Former city employees Alex Estrada and Colby Reyes filed suit on May 27, alleging they were terminated without cause. Reyes, the former water clerk, claims she lost her job because she “refused to lie” on behalf of Gregory and City Administrator Cynthia Dosier, per Fox 4.
According to the lawsuit, Gregory falsely claimed Reyes had been frightened by Noles to justify the arrest, while Reyes stated in writing that she was “never offended” by the protester.
At the May 28 council meeting, residents repeatedly interrupted proceedings as tensions flared between citizens and city officials.
One attendee remarked, per KLTV, “I’ve seen a lot of stuff in this state. I have never seen anything like this.”
Combs has filed a federal lawsuit against Gregory and the city of Trinidad, alleging that her arrest was “an act of deliberate political retaliation,” according to Fox 4.
Gregory defended himself during the meeting and said he had “nothing to hide” regarding the arrests of Combs and Noles. Mayor Dennis Haws suggested the Texas Rangers investigate the city and police department, a proposal Gregory said he would support.
Grisham sharply criticized the council meeting, saying, “I have never seen, even with my own eyes or online, such a dysfunctional or unlawful meeting held,” KLTV reported.
The city did not address water quality concerns during the meeting, despite Haws’ calls to place the issue on a future agenda. The city’s legal representation also appeared uncertain after council members voted to dismiss an attorney they had retained the previous week while hiring the law firm Flowers and Davis to handle ongoing litigation.
