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The Hidalgo County District Attorney’s Office will not pursue criminal charges against Andy Harvey, Pharr’s former police chief.
District Attorney Toribio “Terry” Palacios said Thursday that his office would not proceed with the charges.
Palacios explained that the standard of evidence for his office to prove a case beyond a reasonable doubt is much higher than the standard of probable cause for police to make an arrest.
Pharr police arrested Harvey on Sept. 23, 2023 on charges of abuse of 911 service and resisting arrest.
Harvey provided The Monitor a copy of the motion to dismiss the charges, which was granted and signed by a judge on Jan. 18.
He did not immediately respond to a follow-up request for comment.
A probable cause affidavit for his arrest alleged Harvey struck two officers as they attempted to detain him at approximately 10:17 p.m. at his residence when they were dispatched in reference to an abuse of 911 service incident.
Following his arrest, his attorney, Mark Sanchez, said in a statement that Pharr police assaulted Harvey and called him “victim of police misconduct.”
Harvey has a tenuous relationship with the city of Pharr. On Sept. 12, 2022, he resigned as the city’s police chief and on Sept. 6, 2022 he resigned as city manager, a position he also held.
Harvey is currently embroiled in open records litigation with the city over his termination and has also filed a lawsuit alleging wrongful termination.
Staff Writer Francisco Jimenez contributed to this report.
