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Curry-ing Disfavor
Son's death leads family into court and politics.
Jeff Prince
Sandy and Robert Houston: Their fight isn't over.

The past two weeks have been difficult ones for North Richland Hills residents Robert and Sandy Houston. August 18 marked the third anniversary of the death of their 20-year-old son, Chad. The date never passes without acute grief.

This year, for the first time, the Houstons could also feel they had finally achieved a small measure of justice. Four days prior to the anniversary, the Houstons settled a civil suit they had filed against three men who allegedly attacked Chad outside a TCU-area bar in the late-night fistfight that resulted in his death.

Sources familiar with the case said the settlement was for about $100,000, but the Houstons won't stop there. Embittered by what they believe was lax handling by the Fort Worth Police Department and prosecutors, the Houstons are working for the political defeat of Tarrant County District Attorney Tim Curry.

The events leading up to Chad's death began in the early-morning hours of Aug. 15, 1998. As young people spilled out of Scooners Billiards bar, a fight broke out in the parking lot. Witnesses said they saw an assailant land a punch on Chad's jaw before he fell backward and struck his head on the pavement. When TCU police arrived on the scene, witnesses said, three men fled.

Chad died from head injuries three days later. The Tarrant County medical examiner ruled the death a homicide, and police approached it that way. A grand jury, however, twice declined to indict anyone; the Houstons said that's because of a poorly conducted investigation.

After that, prosecutors never pursued even misdemeanor charges against Chad's assailants, which wouldn't have required grand jury involvement. "The criminal justice system let them down, pure and simple," said the Houstons' lawyer, Michael Ware. "They had to seek justice through the civil justice system."

The Houstons said problems with the investigation started with homicide detective Curt Brannan, whom the Houstons felt was taking a "boys will be boys" attitude in his approach to the case. In a recent interview, Brannan said the case was investigated thoroughly, but he was reluctant to discuss specifics.

In early 1999, the case, based on Brannan's findings, first went to a Tarrant County grand jury, which declined to issue any indictments. After pressure from the Houstons -- and days before WFAA-TV aired an investigative report about it -- police reopened the case. Prosecutors took it to the grand jury again later that year, saying new evidence had surfaced. Once again, however, no indictments were issued.

Chad Houston

Only after the first grand-jury investigation did police interview witnesses who identified two of Chad's alleged assailants. The witnesses claimed they heard one man, Drew Proctor, saying the trio had to leave because they had "just kicked some guy's ass."

The Houstons brought a wrongful-death lawsuit against the men they said were involved in the scuffle: Proctor, now 24, and brothers Matt Beshara, now 25, and Luke Beshara, 22.

"Basically, all I can say is a settlement was reached that was satisfactory to both sides," said Greg Hargrove, the Besharas' attorney. "Under the settlement, there was no admission of any responsibility by the two clients I represented."

Proctor's lawyer, Dan Barrett, advised his client not to comment. "I'm glad it's over for him," Barrett said. "Whether he has any culpability or not or whether anybody has any culpability or not, being involved in a litigation proceeding is a stressful thing. Drew's a good kid. Now he and everybody else can get on with their lives."

The Houstons, however, said their fight is not over. The television program 48 Hours has taken an interest in their case, they said. They have another crusade as well. "[District Attorney] Tim Curry needs to be gotten out of office," said Robert Houston. While they had frequent contact with assistant district attorneys who handled the case, the Houstons said, Curry never responded to any of their requests to speak with him. Curry did not return a phone call seeking comment for this story.

Now the Houstons, who generally vote Republican, are throwing their support behind Terri Moore, a Democrat who plans to challenge Curry in 2002.

None of the three lawsuit defendants has admitted any responsibility for Chad's death, according to their lawyers. At least one, Drew Proctor, apologized to the Houstons for what happened, but his lawyer said that's not evidence of his guilt. "Not only did he not admit it, it never happened," Barrett said.

Sandy Houston said she is feeling a little better each day. "I do not hate them in any way," she said. "I hate what's happened."





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