A grand jury has declined to indict Travis County District Attorney Rosemary Lehmberg based on a citizen’s complaint, which alleged she committed a crime by threatening jailers while in jail after her April arrest for driving while intoxicated.

“[W]e have inquired carefully into the case against the above named defendant ROSEMARY LEHMBERG and in this said complaint we have failed to find a bill of indictment against her,” says the Oct. 4 no bill in The State of Texas v. Rosemary Lehmberg, filed in the 390th District Court.

Lehmberg wrote in an emailed statement, “I appreciate the careful work of the Special Prosecutor and the Grand Jury and am pleased that this part of the process is completed. My staff and I will continue to stay focused on serving the people of Travis County.”

Lehmberg was convicted in April of Class A misdemeanor DWI. She served jail time and then voluntarily completed a treatment program. Lehmberg still faces a civil suit, set for trial on Oct. 21, seeking to remove her from office for “public intoxication” and “official misconduct.”

Austin solo Rick Reed filed the criminal complaint against Lehmberg. In the complaint, he alleged that she committed six criminal counts of the third-degree felony offense of obstruction by making two statements toward two corrections officers and a sheriff’s deputy. Reed alleged that Lehmberg was threatening to file a criminal complaint against the officers and deputy, which would result in them “being unlawfully arrested and incarcerated.” [See, " Ex-DA Investigating Complaint Against Rosemary Lehmberg," Texas Lawyer, July 8, 2013, page 1.]

Bill Turner, the attorney pro tem who investigated Reed’s complaint against Lehmberg, says he spoke with the three corrections officers and reviewed the video in the case.