Montgomery Co. Deputy Sues Over Whistleblower Retaliation

CONROE, Texas — A 25-year veteran of the Montgomery County Sheriff’s Office has launched a legal battle against the county, alleging that his career was systematically dismantled after he blew the whistle on a prosecutor’s conduct during a high-profile murder trial.

Charles Serrato, a highly decorated deputy who counts a Purple Heart among his honors, filed a federal lawsuit on November 15, 2023, in the U.S. District Court for the Southern District of Texas. The complaint names Montgomery County, Sheriff Rand Henderson, and Assistant District Attorney Tamara Perez as defendants.

The lawsuit centers on events unfolding in February 2022 during the murder trial of State of Texas v. Michael Laverne Davis. Serrato, who served as the handler for confidential informant Eric Senger, claims he witnessed Assistant District Attorney Tamara Perez coaching Senger ahead of his testimony.

According to court filings, Serrato alleges that Perez instructed Senger to omit key information regarding his criminal history, specifically a felony conviction for heroin possession. Serrato claims Perez further encouraged Senger to falsely testify that he was clean and sober at the time he gathered information for the case. Viewing these instructions as a violation of prosecutorial ethics and a potential subornation of perjury, Serrato says he immediately reported the incident to his chain of command, including Captain Anthony Macias and Lieutenant Tim Cade, eventually escalating the matter to Sheriff Henderson.

Serrato contends that the fallout from his internal disclosure was immediate and punitive. He claims he was stripped of his position as a gang task force investigator and reassigned to patrol duties. The lawsuit further alleges that his take-home vehicle privileges were revoked, his performance reviews were manipulated to appear negative, and he was eventually sidelined in a desk duty role monitoring security cameras.

Represented by attorney William Lee of The Lee Law Group, Serrato argues that these actions constituted a constructive discharge, effectively forcing him out of the career he had dedicated two and a half decades to building. The lawsuit seeks damages for lost wages, emotional distress, and attorney fees, citing violations of the Texas Whistleblower Act, the First Amendment, and due process protections.

The allegations have cast a shadow over the Montgomery County justice system. In a statement released following the filing, Montgomery County District Attorney Brett Ligon defended his employee. Ligon expressed complete confidence in Tamara Perez, characterizing her professional and ethical conduct as beyond reproach.

The Montgomery County Sheriff’s Office has maintained a policy of not commenting on pending litigation, leaving many questions about the internal handling of Serrato’s initial report unanswered.

The case of Michael Laverne Davis, which served as the flashpoint for these allegations, concluded with a conviction, but the underlying questions regarding the integrity of the state’s witness testimony now threaten to complicate the legacy of that prosecution.

As the case moves forward in federal court, it is expected to draw scrutiny toward the internal mechanisms Montgomery County uses to protect whistleblowers within law enforcement and the judiciary. Legal experts suggest the outcome could set a significant precedent for how Texas agencies balance internal reporting requirements with the political pressures inherent in the criminal justice system.

Serrato, who had previously engaged the FBI in May 2022 regarding the alleged misconduct, is now awaiting a scheduling order from the federal court to begin the discovery phase of the lawsuit.