WAXAHACHIE — An Ellis County Grand Jury indicted Weatherford resident Bobby Ray Brown, 59, on the charge of assault. Brown, who is the brother of former Ellis County Sheriff Johnny Brown, was indicted March 8 and has an arraignment set to take place at 1:30 p.m. on April 25 in County Court at Law No. 2.

Johnny resigned from his position as sheriff, permanently surrendered his peace officer's license to the Texas Commission on Law Enforcement and pleaded guilty to one count of misdemeanor assault in Ellis County Court at Law No. 2 on March 8. The guilty plea stems from a Jan. 1 altercation inside a Midlothian Whataburger that involved two college-aged men at about 2 a.m.

According to the indictment, Bobby Brown allegedly caused bodily injury to another person, Caleb Matthew Tomgenovich, with his hand.

Records from the Ellis County Clerk’s Office state that an after-indictment warrant was issued for Bobby Brown’s arrest. Records from the Wayne McCollum Detention Center state that Bobby Brown was booked into the jail on the charge of assault that causes bodily injury. County Clerk records indicate he was given a bond of $1,500. He is no longer listed as an inmate on the detention center’s website.

Montgomery County District Attorney Brett Ligon, who was appointed by 40th District Judge Bob Carroll as the Attorney Pro Tem for this case, was unable to be reached for comment. However, Montgomery County Assistant DA Echo Coleman said the case against Bobby Brown is "just getting started."

“The Ellis County Grand Jury indicted Bobby Brown on March 8. The charge is a class A misdemeanor for assault causing bodily injury. The complaint, in that case, is Caleb Tomgenovich. It is an open pending case. This is the same incident as that altercation that took place on New Year’s Day at the Midlothian Whataburger,” Coleman said. “Arraignment is just the first setting. So the case is just getting started. If it is set for trial, then there would be a trial date set by the judge. This is just the very beginning of this case.”

The Daily Light reached out to Bobby Brown’s attorney Morgan Taylor for comment about the status of the case, but calls were left unreturned as of press time.

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