ENNIS – Newly elected Ellis County Precinct 2 Commissioner Matthew Zajic was arrested over the weekend in Ennis.
The arrest occurred at Walmart on the evening of June 11.
Zajic was arrested in connection with a Theft of Property (>$100–<$750), which is a Class B Misdemeanor.
He was arraigned on June 12 in Ennis, and bond was set at $1,000.
Due to his arraignment being one day after the arrest, the county-owned truck he had driven to Walmart was left overnight in the store’s parking lot, and crew retrieved it the following day.
An unnamed source also said the judge originally supposed to arraign Zajic did not do so because he was the same judge who swore Zajic in as county commissioner weeks earlier.
Zajic did not respond by press time with details of his arrest or to elaborate on his side of the story.
Ennis Police Department posted on social media that they are “actively investigating this incident and cannot release further information at this time.”
An update on June 12 by an unnamed source not affiliated with the Ennis PD reported Zajic was accused of shoplifting approximately $250 worth of tomahawk steaks at the self-checkout.
Reportedly this was caught on store surveillance video.
When store personnel spoke with Zajic regarding the unpaid merchandise, he indicated he would correct the issue.
He was allegedly observed failing to do so and was confronted again minutes later.
Ellis County Judge John Wray said to his knowledge a county commissioner arrested for a misdemeanor theft does not automatically lose their office simply because of the arrest.
According to Texas law, it appears an arrest alone does not remove a commissioner from office, and the commissioner may remain in office unless she/he resigns, is convicted of an offense that legally requires removal, or if a court removes the commissioner through a separate removal proceeding.
Texas law does state a county officer could only be immediately removed from office upon conviction of a felony, or a misdemeanor involving official misconduct.
In Texas, a person can file a petition to suspend a commissioner, but a commissioner cannot be removed directly by petition or recall election in Ellis County.
Under Chapter 87 of the Texas Local Government Code, a county officer such as a commissioner may be removed through a district court removal proceeding.
However, for a removal action to succeed, there must be legally recognized grounds under Chapter 87.
Texas law presumes a person is innocent until proven guilty.