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.

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  1. My2cents

    How can they charge him with DWI if he passed the field sobriety and no blood or breath test was done? This seems like just another political agenda. If they dropped the DWI charge (even though they said they planned to recharge him later) the rest only stems from that incident. Who else gets grilled about where they were at, who they were with and what they were doing. Why does it matter who they were with? Normally, its off to jail and meet the judge…
    My2cents worth.

  2. SJ1977

    Did y’all miss this part of the report??? “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.”
    The DA is going to charge him with the Higher charge of the 2 first. No where in this report did it say they didn’t take DWI serious or that he is going to get away with it.
    I personally know Jody and can honestly say he is a good person that had a really bad lack in judgement. I am not a drinker and have actually lost a brother in law and a nephew from Drunk Drivers so I personally know the heartache families go through from DWI accidents and losing a love one.
    I am not here to judge and hope if he is guilt he gets the punishment he deserves but also remember he is human…makes mistakes just like everyone else and is suffering from this along with his wife and kids. This is a man that has gone from being a Hero running into burning building to being a Human making HUGE mistakes.
    It’s not our place to Judge all we can do I hope justice is served and his kids can get passed all this.


    REALLY…… Guess we can’t get the DA to hold their grounds on anything.. This is only gonna let people see that drunks can really get off even when the DA’s office says their tough on DWI… Who’s next…

  4. QueenB

    Dismiss the charges for now? You have got to be kidding me, hey morons go look at all the signs that people are being forced to take down for family members that were killed by drunk drivers, I swear my heart aches to see what is happening in our country, and because of how two faced our law is, you can break the law if you are the right person, amazing.

  5. jason09

    This just goes to show you how one sided out justice system is. If had been anyone else that has nothing to do with the law or any sort of the law then they would have thrown the book at them. And it should not be looked at well atleast one charge is better than none. Cause he was drunk and drinking. So what if one charge is worse than the other. Are we going to look at the next dwi as well atleast its not intoxication manslaughter and them off as well? And this is what our good hard earned tax paying money goes towards. Letting people get off with drinking and driving. Well only if your in law enforcement.

  6. stephaniejosaid

    Regardless they pursued the strongest charges they had. Had the enough info and proof of the other violation they would have pursued it. Better one charge than none!

  7. Jamie Nash

    The DWI was a misdemeanor. Mr. Grant was only referring to the level of the charge. This DA has made DWI enforcement a top priority and they don’t take it lightly.

  8. Diane Reid

    More Serious Charges! I really think that statement needs to be corrected. DWI not being serious? Innocent people being killed everyday because people make the choice to drink and drive. 🙁 Shame on you Montgomery County.

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