Lyon, Gorsky, Haring, Gilbert & Livingston, L.L.P. Attorneys at Law Dallas, Texas

News

2/1/2012 - Dallas officer faces assault charges

A Dallas police sergeant under criminal investigation on accusations of lying about a December robbery is now facing charges in connection with an assault on her police officer husband at their Murphy home.

Sgt. Stormy Lee Magiera, 36, was arrested late Monday night in Garland on a Class A misdemeanor family violence assault charge, according to police documents. Magiera is accused of attacking her husband, Dallas police Lt. Michael Jacint Magiera, 38, in their home hours earlier, the documents said.

Magiera was booked in to the Collin County Jail and released Tuesday on $1,500 bond, according to jail records.

Her attorney, Bob Gorsky, declined to discuss the incident. "This is a private family matter, and we will have no other comment," he said in an email.

Michael Magiera also declined to comment.

Stormy Magiera's arrest comes more than a month after she reported she was robbed while off duty and stopped at a far northeast Dallas traffic light. Her gun was taken and she suffered minor injuries in the early morning scuffle on Dec. 28. A suspect was later arrested, and her gun was recovered.

Within days of the reported robbery, Dallas police public integrity detectives launched a criminal investigation of Magiera and seized her personal cell phone. In police documents, a detective wrote that Magiera was suspected of the Class B misdemeanor offense of making a false report to a peace officer.

She has not been charged in that case, but she was on administrative leave at the time of the fight with her husband.

Stormy Magiera was not home about 4 p.m. Monday, when Murphy officers responded to a domestic disturbance call. Michael Magiera told officers that he and his wife were arguing over personal matters in a bathroom when his wife slammed the door shut and "then grabbed him by the throat and pushed him into the bathroom vanity," the documents said.

He tried to leave the bathroom, and his wife stood in front of the door and tried to physically restrain him. He was eventually able to get free, he said.

"See, I get more out of you when I beat your [expletive]," Stormy Magiera said, according to police.

Officers observed scratches on Michael Magiera's neck, redness under his right eye and minor bleeding.

Michael Magiera called officers shortly after they left and said he did not want to go forward with charges against his wife. He would still have to sign a nonprosecution request and the case will still be referred to the Collin County district attorney, police said.

Also on Monday, Stormy Magiera filed a Dallas County lawsuit against an anonymous online commenter who she alleges caused her emotional distress and defamed her. The commenter posted attacks on Magiera on a discussion board used by area officers in the wake of her reported robbery, according to the lawsuit. She is seeking unspecified damages.

Source

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December, 2010

Lyon, Gorsky, Haring, Gilbert & Livingston, L.L.P. establishes relationship with the Texas System Police Association. According to managing partner Bob Gorsky, “We are extremely pleased to be representing these fine law enforcement officers.”

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Soundtrack - DPA President Glenn White’s Interview With KRLD – “Non English” citation

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Announcements

We are pleased to announce that Zach Horn has joined us as an associate attorney. Zach is not new to the firm. He started with the firm as a law clerk during the summer of 2008, and continued to clerk for us until he earned his law license in November 2011. During his clerkship he worked on several appeals and assisted in responding to officer-involved shootings. Zach earned his Juris Doctor from the University of Oklahoma College of Law in May 2011, and immediately returned to Texas to take the Texas Bar Exam. While at the university of Oklahoma, Zach earned induction into the Phi Delta Phi honor fraternity, received the Robert T. Rennie Scholarship, and served as the Business Development Editor of the American Indian Law Review. He also holds a Bachelors of Business Administration from the University of Texas at Austin. We look forward to Zach continuing to serve our clients in all aspects.

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Bob Lyon, Bob Gorsky, John Haring and Mark Gilbert
have been rated by Martindale-Hubbell as AV Preeminent.

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Congratulations Bob Gorsky, Bob Lyon, Mark Gilbert and John Haring
who have once again been selected as Texas Super Lawyers.

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Congratulations Chris Livingston for being selected as a Texas Rising Star.

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We congratulate Partner Chris Livingston who has been selected by Texas Monthly magazine as a “2008 Rising Star”. Texas Monthly, through independent research conducted by Law & Politics magazine, identified the top up-and-coming Texas lawyers who are either under 40 years of age or have practiced for 10 years or less. Fewer than 2.5 percent of Texas attorneys are named Rising Stars.”

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January 31, 2009

Phil Burleson, Jr. recently represented a mid cities police officer with multiple allegations resulting in a one-day suspension. After an arbitration hearing, all allegations were dismissed, except a minor one, resulting in reduction of punishment from a suspension to a written reprimand.”

Reinstatement Awarded to Dallas Deputy Constable

Today, a Dallas District Court reversed a termination handed down by the Dallas Civil Service Commission in a substantial evidence appeal. Partner Christopher Livingston represented the terminated Deputy Constable. The Court held that the County violated section 614.023 of the Texas Government Code, which provides that a peace officer must receive a signed, written complaint before disciplinary action can be taken. Dallas County argued that section 614.023 only applied to external complaints and that the deputy had been terminated for violating internal policies. The Court rejected the County's asserted distinction between internal and external complaints, stating "the internally generated documents authored by Deputy Chief Hickson and Lt. Mark Edwards were signed, written complaints ... within the meaning of Chapter 614, Subchapter B of the Texas Government Code." The Court ordered that James Edwards be immediately reinstated to the position of Dallas County Deputy Constable.