The City of Kirby is under increasing legal pressure as two significant civil rights lawsuits allege that local officials and police misused criminal trespass warnings to retaliate against citizens. The lawsuits, filed by Kirby residents Roger Romens and Julio and Nancy Pena, claim that these warnings were used to harass them for exercising their constitutional rights and speaking out against city policies. Both cases detail a troubling sequence of events, raising questions about potential abuses of power within the small Texas town.
The Romens’ Case: Retaliation for Speaking Out
The controversy for Roger Romens began in the summer of 2022. On August 16, 2022, Romens filed a complaint with the Kirby Police Department, claiming that the Senior Center Board of Directors had held an illegal meeting in violation of the Texas Open Meetings Act. He believed he was exercising his right to speak out on matters of public concern, but what followed was, in his view, an act of retaliation.
The very next day, on August 17, 2022, Romens was issued a criminal trespass warning by Kirby police officer William Hilt. The warning barred Romens from entering the Senior Center and its parking lot—areas that were crucial to the senior services and activities offered by the city. Romens alleges in his lawsuit, filed in August 2024, that this warning was directly connected to his complaint and intended to punish him for speaking out against the city’s leadership.
Months passed, but the situation escalated further on April 25, 2023. Romens visited H. Pryor Smith Park, a public space adjacent to the Senior Center, and while there, he briefly rested against the railing of a public gazebo. According to Romens, the gazebo was not part of the trespass warning. Nevertheless, Romens was later accused of violating the trespass order, setting the stage for a series of legal consequences.
By August 14, 2023, Romens sought to resolve the matter by attending a Senior Center Board of Directors meeting. He hoped the board would lift the trespass warning. However, Mayor Janeshia Grider, along with City Council members Sylvia Apodaca, Sally Hitt, and Joe Molina, who were present at the meeting, refused to take action. As a result, Romens remained barred from accessing the Senior Center and the critical public resources it offered, including tax services, food bank distributions, and exercise classes.
The Arrest and Malicious Prosecution
Frustrated with the lack of action, Romens took further steps in October 2023. Between October 11 and 12, Romens attempted to file a criminal complaint of “official oppression” against the city council members for their refusal to lift the trespass ban. Officer Gonzalez took the complaint, but in a striking moment, allegedly suggested that Romens could drop the charges if the trespass warning was lifted—suggesting an awareness of the retaliatory nature of the warning.
Despite these efforts, Romens’ situation worsened in November 2023. On November 9, Detective Jason Rendon, who had become involved in Romens’ complaint, informed him that his complaint had not yet been assigned to a detective for investigation. The delay raised concerns for Romens that his complaints were being ignored. Only five days later, on November 14, 2023, Romens visited the police department to inquire about the status of his case.
That night, Detective Rendon filed an arrest warrant affidavit with Bexar County Magistrate Marilisa Janssen. Rendon claimed that Romens had violated the trespass warning by entering the gazebo area on April 25—an accusation Romens says was entirely false. According to Romens’ lawsuit, police records clearly showed that the gazebo was not part of the prohibited area.
The next day, on November 15, 2023, Romens was arrested when he returned to the police department. He was jailed, forced to pay $800 for bond, and had to pay an additional $262.68 to retrieve his impounded car. In his lawsuit, Romens describes the arrest as baseless and claims it was orchestrated to silence him for his continuous criticism of city governance. He was charged with violating the trespass warning, despite no evidence supporting the claim.
The Impact of the Prosecution
The trespass charge lingered for three months, during which time Romens was unable to pursue his run for Kirby City Council—an opportunity he had planned but could no longer credibly undertake because of the pending charge. On February 15, 2024, the charge was finally dismissed for insufficient evidence, but the damage had already been done. Romens’ reputation within the small community had been tarnished, and his ability to participate in local governance was severely limited.
Just days after his arrest, on November 20, 2023, Romens had submitted a formal written complaint to the Kirby Police Department, alleging that his arrest was retaliatory. Despite his efforts, interim city manager Ken Roberts declined to refer the case to an impartial investigator, such as the Texas Rangers, citing a conflict of interest.
On December 7, 2023, Romens attempted to escalate his complaint further by asking the Kirby City Council to place his issue on the council’s meeting agenda. Once again, the council, including Mayor Grider and the city council members, refused to address his concerns, leaving Romens with no alternative but to seek legal action.
A Broader Pattern: The Pena Lawsuit
Romens’ case is not an isolated incident. Earlier in 2024, Julio and Nancy Pena filed their own lawsuit against the City of Kirby in Bexar County District Court. Like Romens, the Penas allege that Kirby officials issued criminal trespass warnings as a means of harassment. In their case, the Penas claim the warnings were issued against them on their own property, without justification. The lawsuit alleges conspiracy, emotional trauma, and violations of their constitutional rights.
The Pena lawsuit parallels Romens’ case in its allegations of retaliatory and punitive actions by city officials and law enforcement. Both cases suggest a broader pattern of using trespass warnings to suppress dissent and silence critics in the community.
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