The Montgomery County District Attorney’s Office confirmed Monday afternoon they have dropped the Driving While Intoxicated charge against Porter Fire Chief Jody Binnion. However, the outlook for the embattled chief remains bleak. The charge resulted from a November 4 traffic stop that occurred after Binnion and his wife, Rachel, left Players Club on Loop 494 in Porter.
Jody and Rachel Binnion have since been charged with third-degree felony aggravated perjury for allegedly lying to a grand jury in relation to the events of that night. Jody Binnion was indicted on one count and Rachel Binnion on two counts.
First Assistant District Attorney Phil Grant said the original Driving While Intoxicate charge will not be pursued now, but it’s not going away.
“Our office dismissed the DWI for purely strategic reasons,” Grant said. “Leaving it pending would have interfered with the ongoing Felony Aggravated Perjury charges currently pending against Mr. Binnion.”
“We have every intention of refiling the DWI at a time when it will no longer disrupt the prosecution of the more serious felony charges.”
On January 17, Texas Rangers and members of the Montgomery County Sheriff’s Office assisted the District Attorney’s Office in executing a search warrant at the offices of the Porter Fire Department where Binnion had returned to his post after board members of Emergency Services District 6 placed him on paid leave for a short time following his arrest in December for aggravated perjury. Investigators seized computers along with time sheets, payroll records and other documents.
Last Monday night, ESD 6 again placed Binnion on paid leave.