The District Attorney’s Office in Palo Pinto has declined to prosecute Martin Henry Charles, 62, of Mineral Wells.
But he is currently being held on a blue warrant from the Institutional Division of the Texas Department of Criminal Justice. That warrant was issued after Charles was arrested in December 2011 for an allegation of assault of a family member by impeding breath, officials said.
Records at the Palo Pinto County Sheriff’s Office showed that Charles was arrested in December 2011 and has remained in jail at the county since that time. District clerk records showed he was indicted in August 2012.
According to sources, the DA’s office reported Charles’ case would be presented to a jury in August, however, on July 23, the case was dismissed.
“New information came to us that made it evident there was insufficient evidence to present it to a jury,” District Attorney Mike Burns said. “That’s all I’m going to say about it.”
Richard Ritchie was appointed as the defense attorney for Charles, but shortly afterward Judith Hearn replaced Ritchie. She did not return a phone call and could not be contacted for comment.
Records from the PPCSO showed the cost to keep Charles housed at the Palo Pinto Jail has been $39,879, much of which, those records showed, was medical bills.
However, Charles is not the only long-term resident. Tony Aguinaga was arrested Sept. 30, 2011, for organized criminal activity.


Records from the sheriff’s office show the cost for him, to date, has been $37,889.
Charles has a criminal history, some of which dates to 1991. A number of Class C misdemeanors — traffic violations — assault charges, failure to appear in court, possession of a firearm by a felon and delivery of a controlled substance appear on his arrest records.
Records show the DA’s office dismissed 112 cases last year. Of those, the reason cited most often was “did not file” — 47 times. Insufficient evidence was cited about 18 times, another defendant assumed responsibility for the offense, one; and victims either failed to cooperate or requested charges be dropped, seven. Ten were dropped with no reason specified and six were dropped for “totality of circumstances.”
Charges included around 40 for drug related offenses and 20 for burglary or theft.